The estate of a woman that was killed by a U-Haul driver, during a tailgating party on the Yale University campus, has filed a wrongful death lawsuit in the New Haven Superior Court, naming several defendants for contributing to her death.
The defendants include driver B.R., a Yale student; his fraternity, Sigma Phi Epsilon; the U-Haul company; Yale University; and the city of New Haven, Mass. A security and management company, Contemporary Services Corp, was named for failing to set up an identification checkpoint further from passing vehicles.
The incident occurred just before a Yale-Harvard football game in 2011. The U-Haul truck that B.R. was piloting struck and killed Salem, Mass. resident N.B.
Witnesses stated that B.R. was trying to maneuver the rented U-Haul truck – filled with beer kegs – too fast around a corner and collided with N.B. and two other women.
This past February B.R. pleaded guilty to driving too fast and unsafe starting. He will have no criminal record as he received a special form of probation.
B.R. had passed a field sobriety test after the collision, according to police reports, and was cooperative with investigators.
According to Paul Edwards, the attorney for N.B.'s estate, New Haven failed to insure the safety of its residents and the university failed by allowing student organizations to rent large trucks for parties.
Edwards said, "I expect that even Yale will agree that it was foolish to permit and encourage the use of these U-Haul trucks for student tailgating parties…Requiring (B.R.) to try to maneuver this large truck through what was sure to be tight spaces in streets and chaotic parking lots overflowing with pedestrians, party-goers and other traffic simply was asking for trouble."
After the criminal case ended, William Dow III, B.R.'s attorney, said that his client is "an outstanding young man who was involved in a tragic accident. He will emerge from this without a criminal record, but the memory of that tragedy remains. (B.R.) and his family have extended their condolences to Ms. (N.B.'s) family when the accident occurred. Ms. (N.B.) remains in their prayers."
Sigma Phi Epsilon declined comment, and New Haven said that they feel claims made against the city should be dismissed.
Yale University issued this statement: "The tragic vehicular accident that took the life of (N.B.) saddened the Yale community, and we feel the deepest sympathy for her family and loved ones who suffered such a terrible loss. We do not believe, however, that Yale or those working on behalf of the University were a cause of the accident."
Kegs and oversized vehicles (unless driven by a preapproved authorized vendor) have since been banned from Yale's athletic events.
David Strollo, the prosecutor in B.R.'s criminal case, said that B.R. mistook the gas pedal for the brake as he tried to get past several pedestrians blocking his path. According to Strollo B.R. said, "Oh my God, what did I do? It was an accident."
Both an expert witness for the prosecution, and the defense, found no defects in the U-Haul.
Facing the death of a loved one is hard enough without the knowledge that it was due to the fault of another party. If you have a case of wrongful death contact a personal injury lawyer to file your lawsuit and sue for damages!