Wrongful death suit filed against trucker, firm
A wrongful death suit was filed last week against Lake Nebagamon Trucking Corporation Inc. and semi tractor driver Troy A. Rasmussen of Hayward. The suit was filed in connection with the Dec. 11 death of Leah Phillips, following a traffic acciden...
A wrongful death suit was filed last week against Lake Nebagamon Trucking Corporation Inc. and semi tractor driver Troy A. Rasmussen of Hayward.
The suit was filed in connection with the Dec. 11 death of Leah Phillips, following a traffic accident in the 3600 block of East Second Street.
Phillips, 29, of Solon Springs was killed when a southbound semi tractor driven by Rasmussen crossed the median and collided with her northbound passenger vehicle. The Solon Springs woman was pronounced dead at the scene.
She is survived by her husband Jason and three children.
Rasmussen was transported to a local hospital with undetermined medical issues. According to Capt. Matt Markon with the Superior Police Department, there were reports that the driver blacked out while driving. He underwent surgery three days later, according to information provided to police.
The state accident report filed for the incident lists Rasmussen's condition and failure to have control of the vehicle as possible contributing factors in the crash.
The suit, filed in the Douglas County Clerk of Courts Office by Phillips' husband, alleges one count of negligence against Rasmussen, one count of vicarious liability against Lake Nebagamon Trucking, which owns the semi-tractor trailer, one count of negligent entrustment against the trucking corporation and one count of breach of motor carrier safety regulations against both Rasmussen and Lake Nebagamon Trucking. The complaint state that, because of Rasmussen's prior driving conduct, known medical conditions, the trucking company should have known he could use the semi trailer in a way that risked harming others.
Security National Insurance Company, which insures Lake Nebagamon Trucking, is also listed as a defendant.
The complaint, filed by attorney Stephanie A. Ball, requests a jury trial.
The trucking company, driver and insurance company have 45 days from the date the complaint was filed to respond.