Highway tragedy results in another suit
Another lawsuit has been filed in relation to a fatal vehicle crash in the summer of 2014 in Whitehorse.
Another lawsuit has been filed in relation to a fatal vehicle crash in the summer of 2014 in Whitehorse.
Seaboard Liquid Carriers Ltd., formerly Wiebe Transport, is the owner of the tractor-trailer unit that collided with a 1990 Honda that August.
The accident resulted in the death of Clare Cherepak, 15, and Brendan Kinney, 20.
Now the transportation company is suing Kinney, his mother, Linda Jean Powers, who owned the 1990 Honda, and “Jane Doe”, the driver of the vehicle.
Her identity is protected from publication because she was underage at the time and was eventually charged in relation to the accident.
The suit claims that all three were negligent and breached a duty of care owed to highway users, including Seaboard.
It also claims that as a result, the company is owed actual and special damages, pre- and post-judgement interests, and costs.
The crash took place early on the morning of Aug. 9, 2014 at the intersection of the Alaska Highway and Robert Service Way.
According to court documents, trucker William Petrie was driving south on the highway and had a green light when he proceeded through the intersection, towing two empty trailers.
The Honda was traveling on the highway in the opposite direction when it suddenly turned left at the intersection without signaling, into the path of the oncoming truck.
Petrie says he tried to brake but could not stop in time to avoid the crash. The truck entered the left side of the car.
Kinney and Cherepak were killed as a result of multiple blunt force trauma.
Another passenger, Derrick Gibbons, who was 18 at the time, sustained extensive injuries from the accident.
Those included a traumatic brain injury, lacerated liver, six broken ribs, stomach damage, and neck, back and shoulder injuries.
Gibbons was medevaced to Vancouver General Hospital, where he spent weeks recovering.
He also had to undergo a second emergency surgery when doctors detected a brain aneurism.
Doe was treated and released from Whitehorse General Hospital on the same day.
Petrie also had minor injuries from the crash.
The suit says the trailer suffered damage as a result of the collision.
Earlier that evening, the car’s four young occupants had met at Kinney’s home for a party.
Doe told the RCMP that she had consumed alcohol and marijuana.
As well, officers on scene said they smelled alcohol coming from the car.
A preliminary screening device showed that the driver had a blood alcohol level of .038.
Blood testing analysis at the Whitehorse hospital several hours later showed a rate of less than .01.
The young female driver was 15 at the time and only had her graduate learner’s licence.
In March 2015, she was charged with two counts of criminal neglect causing death and one count of criminal negligence causing bodily harm.
Those charges were amalgamated in December 2015. She pled guilty to dangerous driving causing death and bodily harm.
Doe was sentenced to two years’ probation, 240 hours’ community service and given a three-year driving ban.
The recent lawsuit claims that Doe was negligent in:
• failing to keep proper or any lookout;
• driving when impaired by fatigue, drugs or alcohol;
• turning left in front of an oncoming vehicle that had the right of way;
• driving recklessly or with a conscious indifference to the consequences in a manner likely to endanger the life and safety of others;
• driving without due care and attention and without reasonable consideration for other people using the highway;
• failing to direct the course of the Honda to avoid a collision when it was or should have been apparent that a collision was likely;
• failing to obey the rules of the road by failing to safely turn left;
• failing to obey traffic signals;
• failing to yield the right of way;
• failing to drive at a reasonable rate of speed;
• failing to keep the vehicle in control; and
• operating the vehicle in breach of the conditions and restrictions of her licence.
The suit also claims that Powers was negligent in entrusting the Honda to Kinney when she knew or ought to have known that he or others operating the vehicle were incompetent, would lack appropriate training, be in a state of physical or other impairment, or otherwise be reckless in the operation of the vehicle.
As well, it claims that she was negligent in failing to ensure the vehicle was mechanically sound.
Finally, the suit alleges that Kinney was negligent in entrusting the vehicle to Doe when he knew or ought to have known she was incompetent, lacked proper training, was under the influence of drugs and alcohol, or would be otherwise reckless in the operation of the car.
Further, that he failed to meet his obligations as a co-driver under the Motor Vehicles Act and permitted Doe to operate the vehicle in breach of conditions of her licence.
There are currently four other lawsuits before the courts related to the collision.
The parents of Clare Cherepak, Richard and Yolande Cherepak, have filed two lawsuits.
The first alleges that Doe, Powers, Petrie and Seabord were negligent in the accident and seeks damages for the loss of their daughter’s companionship, guidance and support.
The second lawsuit seeks damages from Security National Insurance Co.
Gibbons has also filed two lawsuits in relation to the crash.
He claims his injuries from the collision have caused the “loss of enjoyment of life, permanent physical disability, loss of earning capacity, past and future, and loss of housekeeping capacity, past and future.”
One suit lists Doe, Petrie, Powers and Seabord as defendents and claims costs and general and special damages.
The second suit seeks relief from the insurance company.
Comments (6)
Up 12 Down 11
Josey Wales on Aug 3, 2017 at 10:36 pm
This makes no sense...
"The Honda was traveling on the highway in the opposite direction when it suddenly turned left at the intersection without signaling, into the path of the oncoming truck.
Petrie says he tried to brake but could not stop in time to avoid the crash. The truck entered the left side of the car."
She would have to be coming down the hill for the truck to impact the left or drivers side factoring in his southward direction....just sayin?
Up 18 Down 10
Josey Wales on Aug 3, 2017 at 10:26 pm
Hey kraka...Yes the families involved have been through enough. You were hopefully including the truck driver and his? That said an "accident" as unavoidable as this most certainly was, being as horrible as it was...touched many in our community.
So yes, it is newsworthy this tale of litigation, and comments are open because folks may have a few things to say on said horrid "accident".
Example un... I think the driver despite her personal trauma got a wee spanking outta the deal. Says I.
Example 2...A ten year ban on driving, finish high school in juvenile Hilton....we have one here...DITCH the YO hidden identity would be more reasonable. After all two folks did cease living their potential long lives...many others are messed up and why?
A car driven by she, impaired even...reasons completely irrelevant.
Perhaps her parents are of the class of important folks...seem to recall?
Says I too
Up 17 Down 5
Dave on Aug 3, 2017 at 8:11 pm
June, nothing about this event falls under the definition of an 'Accident'.
Up 48 Down 9
While I am on Aug 2, 2017 at 6:18 pm
Sorry Mr. Gibbons. I can see everyone else suing, but you got in the vehicle knowing that the underage driver had been smoking and doing drugs. While I am really sorry the accident messed your life up, I don't think you have the right to sue.
Up 18 Down 50
Kraka on Aug 2, 2017 at 5:20 pm
Why is this being open to all viewers for comment, haven't the families gone through enough without the Star bringing up this case yet again, talk about amateur hour at the Star!
Up 45 Down 3
June Jackson on Aug 2, 2017 at 3:36 pm
Tragedy after tragedy after tragedy. I understand the reason for this suit, but am reminded again how terribly sad this accident was and continues to be.