A man charged with motor
vehicle homicide is one of four defendants listed in a wrongful-death lawsuit
that stems from a wreck last July on Interstate 80 west of Brule.
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Kathrynn Pals and Gordon
Engel are suing Tony Weekly Jr., Bohren Logistics, Interstate Highway
Construction Inc. and D.P. Sawyer Inc. for the wrongful death of Pals’ son
Jamison Pals and Engel’s daughter Kathryne Pals, along with the couple’s three
children, Violet, Ezra and Calvin, all of St. Paul, Minnesota.
According to the
lawsuit, because of an ongoing construction project between mile markers 106
and 115 on I-80, both eastbound and westbound traffic was using the eastbound
lanes of the interstate on July 31. The lawsuit states that this caused traffic
to slow down or stop frequently.
Tony A. Weekly, 53, of Baker, Florida, was jailed in Keith County on suspicion of motor vehicle homicide after an interstate accident near Big Springs resulted in the deaths of five. |
According to an accident
report, Tony Weekly Jr., a Florida truck driver, was westbound when he entered
the construction zone. The accident report states that authorities believed
Weekly was “inattentive and distracted by an outside influence,” and failed to
slow down or stop despite several vehicles in front of him that had either
stopped or were coming to a stop.
The semitrailer truck
was going more than 50 mph when it collided with the minivan the Pals family
was in near mile marker 113, causing a “chain reaction,” according to the
accident report. The minivan struck a compact utility vehicle, which struck
another minivan. The third and fourth cars came to rest in the median, while
the Pals’ van and Weekly’s semi stopped in the roadway and burst into flames,
according to the report.
“The young parents and
their children became trapped in their van, having survived the initial
accident. They could not escape,” the lawsuit states. “All five died in the van
from smoke inhalation” and “experienced pain and suffering including fear and
apprehension of impending death.”
The lawsuit claims that
Weekly’s negligent inattentiveness was a contributing factor to the deaths of
the Pals family.
A sixth victim, Terry
Sullivan of Denver, Colorado, died later at a hospital. Sullivan was driving
the second minivan.
In October, Weekly
pleaded not guilty to six felony counts of motor vehicle homicide and one
misdemeanor reckless driving charge.
When the wreck occurred,
Weekly was driving for Indiana-based trucking company Bohren Logistics.
According to the lawsuit, a “reasonable and ordinarily prudent employer” would
not have hired Weekly after learning of his driving record. The lawsuit alleges
that court records indicate Weekly had been charged or convicted with a number
of driving violations including failure to obey a traffic control device,
careless driving and driving with a suspended or revoked license. The lawsuit
also alleges that Weekly had been involved in no fewer than seven wrecks,
including two that occurred in 2007 while Weekly was driving a semi on public
roadways.
The lawsuit states that
Bohren’s “negligent decision” to allow Weekly to drive for them “proximately
and directly caused the Pals family pain and suffering.”
Bohren Logistics and
Weekly are being represented by Terry Waite of North Platte in the civil case.
Waite called the wreck a
“terrible tragedy,” and said on behalf of both defendants that their hearts go
out to the Pals’ family and friends. Waite said he understands that the wreck
has been devastating for the family and noted that it has been difficult for
Weekly, who is a father and grandfather, as well.
The final defendants in
the lawsuit are Interstate Highway Construction Inc. and D.P. Sawyer Inc. The lawsuit
states that Interstate Highway Construction Inc. was the general contractor for
the Big Springs-Brule project. D.P. Sawyer Inc. was a subcontractor.
The lawsuit alleges that there
was no sign warning drivers that they might need to stop.
The lawsuit claims that this
wreck wasn’t the only one: Data show that no reported rear-end or motor vehicle
transport wrecks had occurred for nearly a year prior to the start of the
project. Since road work began in March 2015, there have been at least 18
wrecks in the area, the suit says.
The lawsuit alleges that the
wreck might not have happened if warning signs had been in place. It also
states that the companies should have changed traffic control procedures once
they observed that traffic was frequently stopping and that wrecks had been
occurring.
Court documents do not list
attorneys for IHC or D.P. Sawyer, and neither company returned requests for
comment.
The attorneys representing Engel
and Pals have filed a motion asking that the trial take place in Omaha, because
of cheaper flights, more hotel options and a desire to avoid traveling the same
interstate that the family was killed on. Waite has argued that it should occur
in North Platte, because it’s closer to where the wreck occurred and would
require less travel for some of the witnesses.
The attorneys representing the
Pals family did not return requests for comment.
Source: nptelegraph.com
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