The Deseret News has reported that a wrongful death lawsuit has been filed against a bus company, and one of its drivers, for driving into and killing an 82 year-old prominent member of the Salt Lake City business community.
R.W. was killed at 400 South and 200 East on February 21, 2012, as he traveled on foot to a community meeting.
R.W.'s three adult children have named the Utah Transit Authority and its driver C.K., 50, as defendants in the suit.
"Mr. Downtown", as R.W. was often referred to, owned and managed a shoe store called The Oxford Shop in downtown Salt Lake City for 60 years. He was also known for his support of the local business community.
According to the suit, R.W. was in the intersection, with the right-of-way, when the street light changed from red to green for westbound traffic. Bus driver C.K. entered the same intersection, with "a clear view" due to her elevated seat and broad windows, and struck R.W.
The suit states, "(C.K.) did not even begin to slow down until the bus hit (R.W.)" while another vehicle had stopped with the intention of waiting for R.W. to make it across the rest of the street.
The bus allegedly dragged R.W. over 40 feet after pinning him underneath, it traveled between 27 mph and 29 mph and there were no passengers. The bus, weighing 26,000 pounds, held him captive, awake and conscious for 40 minutes until we was pulled free.
R.W. was not immediately killed, he lingered, "crushed" and with several broken bones and cuts, and died the following day.
The suit states, "According to the autopsy report, the case of (R.W.'s) death was blunt force injuries to the head, torso and extremities. Had Ms. (C.K.) been paying attention, (RW.) probably would still be alive today."
R.W.'s children stated that their father had no plans to retire and was "in good health and was expected to live for many more years."
The children state that the loss of their father has led to financial and emotional damages. The suit states that "intangible things like love, companionship … advice, care, protection and affection" have been lost.
According to the lawsuit the Salt Lake City police investigated the accident and determined that C.K. should have seen R.W. in the intersection.
C.K. is named for negligence and breaching her duty of care.
The children are seeking a trial by jury. They also see damages for economic losses, attorney fees and other relief.
C.K. is facing charges of negligent operation causing personal injury and failing to yield the right of way at a marked or unmarked crossway. She was originally placed on administrative leave following the accident and now is no longer employed by UTA.
Do you suspect that your loved one died in a wrongful death scenario? Contact a personal injury lawyer today if another person or product led to the death of someone you care about.