BENNINGTON- The widow of a Readsboro man killed in a Route 9 car crash is suing Kenneth Middlebusher, 42, of Deptford, NJ, his employer, and the paper company whose products he was transporting.

Jennifer Peterson, of Readsboro, is suing Middlebusher, the tractor-trailer operator Heartland Express Inc., of Iowa, and Fibermark North America Inc., of Brattleboro. The suit claims they were responsible in the death of Thomas Peterson, 32.

On April 16, Middlebusher’s truck crossed the centerline of the roadway and collided head-on with two vehicles. Peterson was the passenger in a truck driven by Jeffrey Lamore, 29, of Stamford, who was also killed in the crash. The driver of the second vehicle, Paul Beebe, 53, of Hinsdale, NH, died in September, five months after the crash.

Attorneys for Peterson said Middlebusher was “negligent and reckless in the operation of the truck and his conduct demonstrated a wanton disregard for the rights of the others.” Middlebusher was employed as a commercial truck driver at Heartland Express.

The lawsuit, filed on September 19, claims “Heartland Express Inc. was negligent in the hiring and retention of Middlebusher; that Heartland Express Inc. also demonstrated a wanton or reckless disregard in the training of Middlebusher; and its conduct demonstrated a wanton or reckless disregard for the rights of others.”

At the time of the accident, Middlebusher’s truck was carrying rolls of paper weighing 43,150 pounds from the Fibermark facility in Brattleboro. According to the lawsuit, the rolls were not secured in accordance with Vermont state regulations. It states, “the rolls of paper in Middlebusher’s truck were negligently and recklessly loaded into and secured in his truck by Fibermark employees” and therefore they are responsible for the reckless disregard for others. The lawsuit also claims Middlebusher should have known that the paper rolls were improperly loaded and secured in the truck prior to operating.

Jennifer Peterson filed six counts against Middlebusher, Heartland Express Inc., and Fibermark in Bennington District Court.

In the first count, Peterson holds Middlebusher responsible for pain and suffering that Thomas Peterson incurred in the crash. The lawsuit states that “Middlebusher’s conduct caused Peterson to sustain injuries including pre-impact shock and horror, conscious pain and suffering of body and mind, and loss of enjoyment of life prior to his death.”

The second count holds Middlebusher responsible for the wrongful death of Peterson. The lawsuit states that “Middlebusher’s conduct caused Peterson’s wrongful death, thereby causing Peterson’s next of kin to suffer the loss of his reasonably expected income, service, protection, care, etc., and to incur funeral and burial expenses on his behalf.”

The third count focuses on Heartland Express lawyers, claiming that Peterson sustained injuries as a result of Heartland Express’ recruiting and training standards. Middlebusher, they deem, was unqualified to drive.

Peterson also holds Heartland Express accountable for Tom Peterson’s wrongful death. In the lawsuit, Peterson accuses Heartland Express of negligence and recklessness in the wrongful death of her husband, causing her to “suffer the loss of expected income, services, protection, care, companionship, and to incur funeral and burial expenses on his behalf.”

Jennifer Peterson also holds Fibermark responsible for the wrongful death of her husband including the pain and suffering he sustained. Fibermark is listed in the lawsuit because their conduct showed “negligence and recklessness that caused Thomas Peterson “to sustain injuries including pre-impact shock and horror, conscious pain and suffering of body and mind, and loss of enjoyment prior to his death.”

On October 30, Middlebusher denied all six allegations made by Jennifer Peterson. He also requested a trial by jury to clear him of any wrongdoing. Middlebusher faces up to 15 years in prison if convicted.

Heartland Express also denied the allegations, claiming Peterson “failed to state a claim upon which legal relief can be granted”; that her husband “assumed the risk of circumstances allegedly causing the damages complained of”; that the incident was “a sudden emergency and unavoidable accident”; that injuries and damages complained of by the plaintiff were due to “acts, neglects, or other conduct on the part of third-parties”; and the plaintiff’s complaint “violates applicable provisions of the Vermont and United States constitutions.”

Fibermark has yet to issue a response to Peterson’s lawsuit. Calls made to Jennifer Peterson and Middlebusher’s attorneys were not returned at press time.