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LMPD traffic guard files lawsuit against Ohio-based transportation company, driver

The suit says Gertrude Schaftlein suffered severe injuries, including losing part of her leg and having a fractured elbow that required reconstructive surgery.

LOUISVILLE, Ky. — A traffic guard that was injured after being run over by a vehicle near an elementary school is suing the driver and the Ohio-based transportation company where he works for damages.

In the lawsuit, Gertrude Schaftlein, a 48-year veteran of Louisville Metro Police, said she was assigned to the intersection of Cane Run Road and Bridwell Drive on Sept. 6.

The lawsuit said Schaftlein had directed traffic to stop, and the driver, 44-year-old Delane Rowe, continued driving his tractor and flatbed trailer through the intersection, ultimately hitting her.

Authorities stopped a vehicle matching the description on I-64 east near the 22-mile marker that same day.

The lawsuit claims Rowe operated his vehicle in a "negligent, careless, grossly negligent, and reckless manner."

Schaftlein is suing Rowe's employer, Ohio Transportation Corporation, saying it failed in its duty "to exercise reasonable care in entrusting its vehicles and equipment to responsible, competent and qualified drivers."

The suit says Schaftlein suffered severe injuries, including losing part of her leg and having a fractured elbow that required reconstructive surgery.

The lawsuit says as a result of her injuries, Schaftlein is in great physical and mental pain, has large medical bills she is now forced to pay and she has lost wages and her ability to earn wages in the future. 

She is seeking an unspecified amount in damages, according to the lawsuit.

Rowe was charged with felony leaving the scene, felony first-degree assault, disregarding traffic control and disregarding signals from officers directing traffic.

WHAS11 News has reached out to Ohio Transportation Corporation for comment, and has not heard back as of this writing.

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