A civil lawsuit has been filed against a driver involved in a New Year’s Day collision in Providence Township, according to newly released court documents. The wrongful death suit was filed on behalf of the 49-year-old victim in the car accident. Initial reports indicate that the person bringing the suit is the man’s daughter.
The person who caused that fatal crash was convicted in criminal court during the summer for driving recklessly. The wrongful death complaint, which is riding on the credibility of the criminal proceedings, is seeking about $75,000 in compensatory and punitive damages, according to courtroom documents.
The woman who caused the crash, age 42, pleaded no contest on Aug. 13 to charges related to the incident. She was convicted of one count of aggravated vehicular homicide, said prosecutors. A second charge of aggravated vehicular homicide was dismissed as a part of the plea deal. The woman still faces about three years of jail time, and she will be sentenced during the upcoming week.
Ohio law enforcement authorities say the victim’s vehicle was parked alongside the road on northbound Jeffers in Toledo when he was struck from behind by the suspect’s vehicle. The man’s car was pushed through the intersection, where the SUV caught fire after hitting a guard rail.
Recent media reports have not indicated whether the man died at the scene. If he was transported to a hospital and received medical care, the compensatory damages could be designed to pay for outstanding medical bills. In the event that the man was declared dead at the scene, the money requested by his daughter could be used to cover funeral expenses. It could also contribute to pain and suffering compensation, as well as loss of companionship and loss of income.
It is not clear why the man’s daughter filed the suit instead of his wife or other relatives. The case will be heard in the Lucas County Common Pleas Court.
Source: The Toledo Blade, “Lawsuit filed over death of Swanton man in crash,” Sept. 11, 2012.