The father of a 13-year-old boy who was killed last month in a traffic accident south of Hesperus has filed a wrongful-death lawsuit against the driver of a pickup who crashed into a parked car, killing three teens.
The lawsuit was filed earlier this month by Raymond Millich Sr., the father of Raymond Millich Jr.
The three-page complaint accuses Eugene Chavez of negligence and his company, TRC Companies Inc., of wanton and willful conduct. It notes that TRC instructed Chavez to drive straight from Oregon to New Mexico, changing off with one other person to sleep and drive.
The lawsuit seeks damages in excess of $100,000.
TRC - an engineering, consulting and construction-management firm - reported $401.2 million in gross revenue for the fiscal year ending in June 2006, according to news release posted on its Web site.
Durango lawyer Jim Casey, who represents Millich, has also sent a notice of intent to sue to La Plata County. A notice of intent is the first step in filing a lawsuit against a governmental body.
A La Plata County Sheriff’s vehicle was parked partially in the road, facing the wrong way, where the accident occurred, Casey said. If the deputy breached his duty and contributed to the accident, the notice of intent will preserve Millich’s ability to sue the county, Casey said.
And on Wednesday, Durango lawyer Joel Fry, who represents Octabino Romero and Samuel Romero, two survivors of the accident, sent a notice of claim to the county - preserving their right to sue.
Samuel Romero, 11, sustained numerous injuries and is recovering in La Plata County, Fry said. Octabino Romero suffered slight injuries, and he may seek claims resulting from seeing a loved one injured.
Fry said he and his clients believe some responsibility for the accident rests with Deputy Jacob Yeager, who parked in the highway where the accident occurred, but the bulk of responsibility rests with Chavez and his company.
The accident occurred at 11:50 p.m. March 17 on Colorado Highway 140, less then two miles south of Hesperus.
Chavez, driving a 1999 Ford F-550, was southbound when he veered off the right side of the road striking an Isuzu Trooper parked in a private driveway near the highway.
Deputy Yeager was parked in the southbound lane, facing north, with emergency lights activated, investigating suspicious activity.
According to an affidavit filed in District Court, Chavez was trying to avoid the deputy’s vehicle that was facing him on the road. District Attorney Craig Westberg and La Plata County Sheriff Duke Schirard said Yeager parked where protocol allows, and he did nothing wrong.
The District Attorney’s Office has charged Chavez with six misdemeanors, including three counts of careless driving causing death and three counts of careless driving causing bodily injury.
According to the Colorado State Patrol, Chavez failed to slow down and caused the accident when he left the roadway. The State Patrol calculated Chavez’s speed at 55 to 60 mph in a 60 mph zone.
Inside the Isuzu Trooper were Larry Romero, 18; Carly Martin, 16; Millich Jr., 13; and Romero, 11. Everyone in the Trooper was killed except for Samuel Romero, who has been released from a hospital in Denver and is recovering from his injuries.