Family members of a Woodbine man shot to death in the parking lot of the Root Beer Stand July 31 have filed a wrongful death lawsuit in Whitley County Circuit Court against his alleged killer.
Rod and Betty Carter, the parents of the late Tod Carter, along with their son’s daughter, Hannah, and wife, Kristi, filed the civil complaint Wednesday against Larry Wilson.
Wilson, 55, owner of Wilson’s Towing of Williamsburg, remains in jail on murder and wanton endangerment charges stemming from Carter’s death. Police say Wilson fired a 9mm pistol at Carter after some sort of confrontation between the two late on the evening of July 31 in the Root Beer Stand parking lot.
Carter died a short time after being shot.
Rod and Betty Carter were recently appointed as co-administrators of their son’s estate by Whitley District Judge Cathy Prewitt.
"As a direct and proximate result of the actions of the Defendant … Tod Alan Carter suffered great, grievous and permanent personal injuries, resulting in death …" the lawsuit reads. Corbin attorney David O. Smith filed the civil action on the behalf of the family.
Smith is asking for compensation to the family for pain and suffering, funeral expenses, loss of earning potential and punitive damages because, the lawsuit claims, Wilson acted "with gross negligence, malice and intentional and reckless disregard for the health, safety and life of the decedent."
Carter was 38-years-old when he was killed.
Police and Carter’s family members say the two men were likely at odds because Carter’s wife had some sort of recent relationship with Wilson.
During a preliminary hearing last month, Whitley District Judge Jason Price set bond for Wilson at $500,000 cash.
