Martin v. U.S. Department of Transportation et al

MOTION for Summary Judgment

W.D. Ky.February 23, 2017

Peppy Martin V. United States District Court Western District of Kentucky Case No: 1 :16-CV-00124 Plaintiff U.S. Department of Transportation Kentucky Transportation Cabinet Defendants Motion for Summary Judgment 2017 FEB 2 3 P~f 2: 09 Neither Defendant has answered the complaint which includes Dereliction of duty wherein the Kentucky Cabinet failed to (a) Communicate with residents/owners along 1-65 as to what their Intentions were regarding dirt, fencing, rock, plastic into the Environment, and burning of brush. A simple letter with a Return postcard would have allowed owners to invite the dirt into Their properties, avoiding much of the complaint (b) address Plaintiff's complaints when they were personally presented to Personnel at District 4 in November, 2015 ©supervise adequately The job to assure a respectable product. Plaintiff's closest neighbor Conveyed to her this weekend that the new fence was lying on the Ground buried by several feet of mud dumped there, rendering the Fence incapable of protecting his stock. He also conveyed why Plaintiff's property is bereft of deer this year depriving her of hunting For deer horn for a chandelier this time of year. The deer can no Longer cross 1-65 and clear the concrete barrier. Case 1:16-cv-00124-GNS-HBB Document 33 Filed 02/23/17 Page 1 of 4 PageID #: 183 So, there is a psychic and emotional cost as well as actual property Damage. She moved to her property 26 years ago from Louisville, And has enjoyed and appreciated the beauty of those animals, now Disappearing f rom her interaction (d) failure to bid the contract Resulting in shoddy workmanship because there never was any Competition and assurance of quality work. Sovereign immunity does not apply to this case, though Plaintiff cites Cases mentioned in the Kentucky statutes where people have sued Over falling trees and rock's being dumped on their property. KRS 413.120 n. 25 speaks to suing the Kentucky Cabinet in Jones v. Commissioner, Transportation Cabinet, Department of Highway (Ky. Appeals 1993). KRS. 411.182.11 cites a Kentucky Appeals case of 2004 in Transportation Cabinet v. Sexton. In the case under consideration, Plaintiff argues that she has no direct Leverage over the contractors, but the 2 Defendants do: US DOT Has recisionary powers embodied in the Federal code; Cabinet Has payment leverage for at least the next year until construction is Completed from Bonnieville to Elizabethtown. Plaintiff's request for monetary damages are "pass-through" costs, Not new drains on the Treasury. In addition, the budget Already approved by the Congress and Legislature for this large job Has miscellaneous and contingency funds built into absorb these costs. Case 1:16-cv-00124-GNS-HBB Document 33 Filed 02/23/17 Page 2 of 4 PageID #: 184 As for Summary Judgment, it must be acknowledged that neither Defendant answered the complaint and that there are no outstanding Issues of material fact. Therefore, Pla intiff is entitled to a judgment of$ 20 Million against the United States Department of Transportation and$ 50. Million against The Kentucky Transportation Cabinet based on the law and evidentiary Materials presented for damages suffered by her person in terms of Ingesting smoke and ash and in psychic loss of her enjoyment of deer Population. Her property has suffered damage that will adversely affect her Income from retail exposure and rental of the frontage for 50 years to come. She respectfully asks for a positive judgment in this case. Certificate of Service: ~l Copies sent USPS 2-~-17 to Ekman and Henderson. Peppy Martin 360 Chestnut Grove Road Bonnieville, Kentucky 42713 (502) 523-6287 Case 1:16-cv-00124-GNS-HBB Document 33 Filed 02/23/17 Page 3 of 4 PageID #: 185 Peppy Martin 360 Chestnut Grove Road Bonnieville, Kentucky 42713 -··- .. ... ... _ .... . -·.-. ·-· ..... _. -·· · . ·-- ·:....___ .• . --- 'tfJ~J.ii:::;;:vit.t e. ;J;;;-:{· ,;if~f;; · -~-:-~ :~ . · r: .r::: r,; .. ;;~.;::~ :r.7~ ·. r}r~:: .~;:: t . U.S. District Court 241 E. Main# 120 Bowling Green, KY 20500 Ct2 :i ;:; i ·-·72 i .. {-!::;45 i uiljll'll"j •\1• i\•\ 11 ll'lj 1111 i• Ill .I jll. i\ 1 1 lll1j •il iiJ•\• ih Case 1:16-cv-00124-GNS-HBB Document 33 Filed 02/23/17 Page 4 of 4 PageID #: 186