Family of wreck victims suing for wrongful-deaths

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