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Trucker charged in fatal turnpike crash is sued
Relatives of the 10 victims have filed the lawsuit.
By ROCHELLE HINES Associated Press
Published:
10/7/2009 2:29 AM
Last Modified: 10/7/2009 3:23 AM
NORMAN — Family members of the 10 people who were killed when a tractor-trailer rig slammed into a line of stopped cars on a turnpike have sued the truck's driver and his employer.
A 10-page lawsuit filed in Cleveland County District Court names Donald L. Creed of Willard, Mo.; Associated Wholesale Grocers of Kansas City, Kan.; two insurance companies; a California company; and two individuals as defendants.
Plaintiffs are seeking compensatory and punitive damages in excess of $10,000.
Creed, 76, has been charged with 10 misdemeanor counts of negligent homicide in connection with the June 26 accident on the Will Rogers Turnpike in Ottawa County.
Creed's criminal attorney couldn't be reached for comment Tuesday.
A message left for Steve Dillard, vice president for corporate sales for Associated Wholesale Grocers, was not immediately returned.
According to the Oklahoma Highway Patrol, Creed's cruise control appeared to be set at about 70 mph — 5 mph below the turnpike limit — before the accident. Investigators found no evidence that Creed tried to brake or take evasive action before hitting the other cars, which had stopped because of an earlier crash, the OHP report said.
Killed were Randall Hayes, 38; his wife, Shelby Hayes, 35; and their son, Ethan Hayes, 7, all of Frisco, Texas; Cynthia Olson, 55, of Crossroads, Texas; Oral Hooks, 69; his wife, Earlene Hooks, 63; and their two sons, Antonio Hooks, 42, and Dione Hooks, 41, all of Oklahoma City;
and Ricardo Reyes, 39; and his wife, Ernestina Reyes, of Phoenix.
According to the lawsuit, Creed "failed to slow and maintain control of his truck as he drove his tractor-trailer rig into the slowed or stopped traffic at an unsafe speed."
Also named as defendants ACE American Insurance Co. of Pennsylvania, an insurer for Associated Wholesale Grocers; G.D. Transport Inc. of California; National Liability and Fire Insurance Co. of Nebraska, an insurer for G.D. Transport; trucker and California resident Rajeev Sharma; and motorist Erin Alf of Texas.
According to the lawsuit, Alf and Sharma, working for G.D. Transport, were driving vehicles that were involved in the initial accident that caused traffic to back up.
Attempts to reach Alf and Sharma were unsuccessful.
By ROCHELLE HINES Associated Press
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momofweethree
, (10/7/2009 4:54:46 AM)
This is a very tragic accident but that is what it was - an accident, not a homicide. He did not set out that day to mow down a line of cars. My heart goes out to the family of all these that were killed and those that aren't mentioned that were injured this day. I can see going after the insurance company, after all that is what it is there for. But this was not intentional, he wasn't asleep, under the influance or even texting or using a cellular at the time, he simply just came upon a wreck with not enough time to react.
Big trucks cannot stop on a dime and I cannot tell you in the time I have been driving my car how many times traffic flow suddenly changes and I have had to react, this could've very well been any of us in our cars, unfortunately, he was in a big rig and that is what caused all this.
If I am mistaken in my understanding of the driver's state, please let me know but as to my understanding he wasn't distracted he just didn't have time to react.
His life is forever changed as he has to live with this knowledge but seeking jail time or seeking to ruin his employer's name isn't the answer. I can see these families seeking reimbursement for medical and damages but I think that should be taken up with the insurance company not this man personally.
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crsmith989
, (10/7/2009 6:12:26 AM)
Mom of 3 I do agree!!!
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peelumba
, (10/7/2009 6:51:02 AM)
it is sad that a 70 something year old still has to work be it poor planning on his part or just hard times. On the suit in a case like this everyone involved gets sued.
Report Comment
justiceawaits
, Claremore (10/7/2009 7:47:57 AM)
If You cause the deaths of 10 people You need to be behind bars where You can`t kill anyone else.
All the other semis and people hauling trailers had plenty of time to stop.
I`m not suggesting hard labor at a maximum security unit, but he needs to be behind bars where he can`t get behind the wheel of a motor vehicle and kill anyone else.
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manx---
, miami (10/7/2009 8:30:31 AM)
Where this accident happened, it is straight and long, he would have been able to stop if he was paying attention,,,,
Report Comment
Slatz
, Tulsa (10/7/2009 8:47:51 AM)
It was my understanding he crested a hill 1/4 of a mile before the accident scene. A truck should be able to stop in that distance. That's over 4 football lengths (440 yards) long!
Report Comment
ba_joker
, (10/7/2009 9:09:32 AM)
momofweethree, I don't know what you're smoking, but you need to lay off of it. You said, "he simply just came upon a wreck with not enough time to react". He didn't "react" at all! He didn't apply the brakes, he didn't steer to one side or the other. I don't know what his reason for not reacting was, but he definitely was not alert and paying attention to his driving when this happened. His neglegence caused an incredible amount of property damage, not to mention the loss of innocent lives. Why are you OK with the insurance companies being sued, but don't think he should be personally held responsible? Of all the parties being sued, I'd say that he was the most deserving of them all. The problem is that he probably doesn't have much money to be collected from any judgement that might be made in the case.
Report Comment
LoveTulsa
, (10/8/2009 9:18:07 PM)
Having seen this accident happen, I still agree with momofweethree. Sue the insurance, not the poor 76 year old man. He will probably die soon anyway, especially with this burden on his shoulders.
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