Collision took the lives of a teenager and a young man
The parents of a teenager killed in a collision last summer in Whitehorse are suing the car’s driver, a 16-year-old girl.
The parents of a teenager killed in a collision last summer in Whitehorse are suing the car’s driver, a 16-year-old girl.
Richard and Yolande Cherepak’s lawsuit was filed last Friday in Yukon Supreme Court.
It also targets the car’s owner and the driver of the transport truck that collided with the Honda Accord.
The crash occurred in the early-morning hours of Aug. 9, 2014.
Clare Cherepak, 15, Brendan Kinney, 20, Derrick Gibbons, 18, and a then-15-year-old female driver were in the Honda when it collided with the truck on the Alaska Highway at Robert Service Way.
It’s believed the car was travelling north on the highway and turned left at the intersection, into the truck’s path.
Cherepak and Kinney were killed.
Gibbons was medevaced to Vancouver General Hospital, where he spent weeks recovering.
The driver was treated and released from Whitehorse General Hospital on the same day.
Her name cannot be published because of her age.
She has been charged with two counts of criminal negligence causing death and one count of criminal negligence causing bodily harm.
The Cherepaks’ lawsuit alleges the driver, referred to as Jane Doe in the court documents, was negligent and caused or contributed to the collision and their daughter’s subsequent death.
Doe drove while impaired by drugs, alcohol or fatigue, the lawsuit alleges.
She drove at an excessive speed, failed to signal her left-hand turn, drove without due care and attention and failed to see the oncoming vehicle, the suit also alleges.
The statement of claim alleges about 25 other ways in which she was negligent.
“Jane Doe negligently operated the car so that it collided with the semi in a violent manner,” the document states.
The Cherepaks are also suing Linda Powers, Kinney’s mother and the owner of the Honda.
Also named in the suit are the truck driver, William Petrie, and the company he worked for, Wiebe Transport Seaboard Liquid Carriers Ltd.
The document alleges Powers was negligent in permitting her car to be used when she knew or could have known her son and his friends “would be in a state of physical or other impairment or have inadequate training or experience and unable to properly control” it.
Petrie, the lawsuit alleges, was negligent in failing to see the oncoming car and failing to yield to traffic that entered the intersection “or approached so closely ... that it constituted an immediate hazard.”
The Cherepaks are seeking damages for the loss of their daughter’s companionship, guidance and support.
A case management conference is scheduled for Sept. 1.
A second lawsuit, also filed last Friday, seeks damages from the Montreal-based Security National Insurance Co.
Comments (30)
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Anne Murray Petrie on Feb 3, 2021 at 8:51 pm
I just happened to Google this accident. Very interesting comments.
I am the truck drivers Mom. He has suffered beyond belief for what happened that night and the driver got a slap on the wrist. He suffers from PTSD can't be around PPL, has lost his business and a 200,000 truck only 4 month's old. I sold my house so he wouldn't have to lose his. WCB took over the case before he even realized it. We guess he may have won his insurance case but WCB took their share and what is left they provide him 500.00 weekly and was told last week that really the money is not his but theirs to look after him. This man is pretty much a recluse since this happened and now they want him to see another doctor to be sure they should still be sending him money. He cannot work because he cannot be around PPL. He has already tried.
Where is the justice for the man whose life is turned upside down thru no fault of his own? We also lost a family member that day. My son has never been the same since that day but that doesn't stop WCB from being on his back. HE IS A VICTIM TOO and the justice in the Yukon stinks.
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partofkinneyfamily on Aug 4, 2015 at 9:50 am
I read one comment above -- Shelley -- that says "you don't know what these families are going through"...the commenters do not need to know what the families are going through to understand compassion and sympathy. I watched portions of my family crumble under the terrible loss of Brendan and his friend. These lawsuits will NOT bring Brendan or Claire back. I understand why they would choose that route, but stringing along the storyline and pain for however long the litigation lasts will prolong our ability to heal. There is a whole lot of anger here and I feel it is all that is driving these lawsuits. Granted, that is my opinion.
Also, I would like to add that no further details of the accident have been released to the public or the families -- so please do not speculate on what you "think" happened. We, the family, don't even know.
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Klondiker on Jul 29, 2015 at 6:47 pm
With respect to Shelly's and others comments re. the Yukon Fatal Accident Act. Yes, there is legislation, BUT, that's only there for if you decide to take that route. Litigation is not mandatory, that's a choice that someone has made. And yeah, maybe the case against the trucker and the company he works for might get thrown out, but it's going to cost them money, needlessly.
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woolysocks on Jul 28, 2015 at 4:12 pm
What a terrible tragedy. I hope everyone involved has easy access to counseling and support services.
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Just me on Jul 28, 2015 at 2:15 pm
So I have spent the last week reading over all the different comments people have left and now I have to put my 2 cents in. I do see that some lost ones or hurt ones in accidents are going to sue, it's a fact of life and maybe they are not doing it for the money but so that the wrongful one is made to pay, I get that and put yourself in their shoes, you would likely do the same specially when it's an accident causing death. And I think people are just going crazy because it's a child that caused the accident and the poor child is now going to suffer more. As for suing the Driver and the Trucking Company I'm sure it will be thrown out of Court because it was totally not either of their faults. So a lot for the Courts to decide that's for sure - it's too bad those who lost loved ones have to suffer through it all again but it happens. Chin up, you will get through it.
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poor reporting on Jul 27, 2015 at 8:46 am
Before you comment pls read "Shelly's" comment below of July 24 so that you better understand at least one of the reasons behind this broad lawsuit. Horrible process for all involved to have to go through. Perhaps we should be directing our comments to YG to change the law. Let's support ALL who are grieving.
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Disgusted on Jul 26, 2015 at 10:34 am
Well, if the Trucking company wasn't going to sue the driver of the car that CAUSED all this - you can bet they will be counter suing now. She did make the concious decision to get in the vehicle with an under-age driver that night.
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Wife on Jul 24, 2015 at 7:43 pm
This is a very sad situation but my goodness to be suing the truck driver is way out of bounds. The driver wasn't driving a dinky toy it was a huge truck hauling B trains, the poor man can not stop on a dime. It states that the young girl turned into his lane so how can he be blamed. My son lost his friend 25 yrs ago today in a truck accident and he still relives it. This trucker will probably do the same thing and he was out at 3 am making a living to support his family. Why would the poor Mother of the boy who passed away be sued... I believe she has suffered enough. My heart aches for all involved. May those who passed RIP.
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Mark S on Jul 24, 2015 at 3:04 pm
Maybe the message here is that if you cause a tragic accident you may be sued.
Perspectives change greatly when their is loss. Suing the driver and the trucking firm is likely a broad brush legal approach.
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Sara on Jul 24, 2015 at 2:30 pm
The driver is suffering just as much as the parents and victims of this accident. She's one of my best friends and it drags her down every day. Rip Claire and Brandon but this isn't right.
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Rusty on Jul 24, 2015 at 12:55 pm
This poor woman loses her son and now she's getting sued because the car was in her name? That hardly seems fair. And the girl driving? She's going to be living with an unimaginable amount of grief for the rest of her life that's going to weigh her down every single day. Not to mention the criminal charges laid against her. And now civil charges too? Hasn't everyone involved suffered enough?
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Deborah on Jul 24, 2015 at 11:56 am
Nothing will be solved by suing this young woman. As it is she will relive the agony of that night for the rest of her life. It is a terrible, unimaginable tragedy for everyone involved but this lawsuit will only destroy one more young life. My heart breaks to read this. I can't imagine the grief of the parents who have lost their children. I can only despair at the pain the survivors and their families must face but compounding it with more suffering will not bring back those lost.
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LD on Jul 24, 2015 at 9:57 am
While I completely understand the parent's grief over this terrible loss I can't help but still feel sorry for the truck driver.
A big truck isn't like a car- it can't slow down quickly or stop on a dime. I can't imagine how terrible the truck driver must feel... this is something he is going to have to live with every day for the rest of his life. A lawsuit against him is so unfair.
I am very sorry for Cherepak's loss- a parent should never have to bury their child. I hope they can find the closure that they need.
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Shelly on Jul 24, 2015 at 7:53 am
It is obvious by the way this article is written and the comments that the reporter and many commentators have little understanding of the bigger picture. This is nothing but a legal process for families involved in such tragic situations to access monies legislated by the Yukon government under the Fatal Accident Act. Check out the Justice Department website . Unfortunately, the legal process requires filing such comprehensive documents which encompass all possibilities and persons responsible in the absence of information about the accident itself. And yes, it involves lawyers; that's how our justice system is set up.
So say or think what you wish but don't believe everything you read as presented as it is only a small part of a story.
Shame on people for writing about things they don't understand, including about what each of these families involved are thinking or feeling.
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Yukon0867 on Jul 23, 2015 at 11:23 pm
I don't think suing the lady who owned the car but also lost her son and is dealing with that death should also have to go through that
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Rod on Jul 23, 2015 at 9:22 pm
It was a terrible accident and very sad! But was an accident! Why drag everyone through this terrible ordeal again and bring back all these memories . Sometimes accidents are just accidents! I hope everyone involved can finally find some closure
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whitehorse lifer on Jul 23, 2015 at 8:00 pm
I feel for all the families and there losses. Cherepak family is grieving big time and I understand that but to start a law suit and suing the trucking company and the owner of the car that was involved in the accident is wrong. They are looking for closure but they aren't going to get closure cause there gonna have to relive the whole accident again in court. I think the kids did the right thing and one person stepped up and decided to be the dd even though she was 15. I don't think she did anything wrong other then the accident. She has to live with it for the rest of her life now and she will never forget it. To go to the courts and make her relive it all over again will be terrible for everyone. She got charged and has to deal with the consequences. Everyone makes mistakes. I know growing up in the Yukon when we were out late at night one person would always drive home late. There's no reason to sue anyone everyone is the victim in this
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Sourdough on Jul 23, 2015 at 7:11 pm
As if there wasn't enough grief and misery because of this. I feel so bad for the trucker who's going to get dragged through this, having to spend his savings needlessly. He's probably already suffering nightmares over this. One word: why?
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mile in their shoes on Jul 23, 2015 at 6:54 pm
See, there is this adage. In fact there are a few. Don't throw stones when you live in glass houses, walk a mile in someone's shoes...there's a few. I think the underlying sentiment in these ole sayings is that to judge is to commit a wrong that will be revisited on us. Perhaps we let what is going on in this intensely private situation go as it must. If we are not privy to the reasons behind such a lawsuit, then where do we have a foothold from which to judge? It's great to have unsolicited passionate opinions but to post them here, to judge against folks undergoing great pain....without all the facts....seems a bit presumptuous.
Maybe focus these great strong opinions on things we can affect change. Maybe....let's see.....child abuse, healing the sick, finding ways to house poor people....I dunno...there's many more affective things we can speak to.
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Jason thompson on Jul 23, 2015 at 6:15 pm
Let them go, really there has being enough pain money won't help it but forgiveness will. It was no ones fault it's called being young and living. All so sad
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Madaboutarticle on Jul 23, 2015 at 5:37 pm
Brenden didn't even live at home and the car was his.. How is Linda responsible for any of this? How inappropriate to be suing these other innocent people. And why the truck driver who even if he did slow down might not have been able to slow down in time. Why the company he works for. It doesn't even have anything to do with them! I understand they are hurting and want justice but they are looking in the wrong places. What will be the benefit?
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jacine fox on Jul 23, 2015 at 5:16 pm
Suing the driver of the semi? Are they nuts? He is totally innocent, he's a victim in all this. My heart goes out to all the families involved.
Yes, I totally agree, the Lawyers are the winners here. ..
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June Jackson on Jul 23, 2015 at 5:10 pm
Go after everyone. What really happened has not come out. Its all been conjecture. I am ambivalent about suing the truck driver. He was driving a double load, you can't stop those things on a dime.
But other than that, any proof the kids were drinking? or drugging?
My opinion? Just maybe the Cherepaks are not happy with the answer's they have been provided with. It will all come out in court. Both the girl and Gibbon's will have to testify.
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Anonymous on Jul 23, 2015 at 4:52 pm
This breaks my heart. So much loss and grief to deal with already. It was a tragedy of errors and no amount of money will bring those kids back. Suing Kinney's mother will only rub salt in her wounds. She couldn't have predicted this. Her child is dead...I'm pretty sure she's suffered enough.
And the truck driver. Doing his job in the middle of the night to the best of his abilities. I'm sure he's haunted by this every day. Let's rip his wounds open too and rub a little salt in them while we're at it.
I'm greatly saddened by the losses of this accident. I'm saddened even more to see it being pursued for what I can only assume will be money.
Peace and love to all the families affected. I'm truly sorry for your losses.
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Just Sayin' on Jul 23, 2015 at 4:45 pm
It says '.. she failed to signal her left hand turn signal', so the truck driver is to assume she was going to turn? Does that mean, every driver has to assume people are going to turn? I feel for them and their loss, but this is not right. Plus, she got into the car too and she wasn't under the influence of anything?
I really hope these people get closure, but this is not the manner to go about it.
Sorry for the truck driver and the owner of the car who also lost her kid!
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Yukon Darlin on Jul 23, 2015 at 4:32 pm
While what happened to these families is terrible, I don't think the right course of action is to sue Clare's best friend.
Let's not forget the fact that all the people in that vehicle made a dumb mistake. Including the ones killed. Let's not take it out on the living.
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yes and no on Jul 23, 2015 at 4:22 pm
I don't agree with charging the truck driver. HE is the victim in all of this. He probably did see them but it all happened so fast. And even if he was able to stop, who is to say it would have been on time?
I also don't agree that the other mother should be charged unless she really did know what they were going to go out and do that night. The car was probably only in her name because her son didn't have proper credit to purchase the vehicle on his own.
As far as the rest of the charges, I totally agree. Although that young girl is likely suffering enough, there needs to be something done. Of course, money will never bring back their daughter (and that is probably not what this is about) but it is about getting justice. And maybe this will help set examples for youth in the future.
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Thomas Brewer on Jul 23, 2015 at 3:49 pm
This is resembling an American legal action. I wonder which ravenous lawyer filed this shotgun-at-a-barn suit.
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Matt on Jul 23, 2015 at 3:28 pm
I have great sympathy for the Cherepaks and the loss of their daughter, but these shotgun lawsuits are terrible. The young Cherepak is equally as guilty as all the 4 kids were. The trucker was likely 100% innocent. I expect now the trucking company will sue back the owner of the car and the Cherepaks for causing them grief as well. Lawyers win.
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YTer on Jul 23, 2015 at 3:20 pm
Really? Suing the truck driver and the company too?
Sigh, more work for lawyers.