GNS In The News
Neilson Files Suit In CrashVALERIE BAUERLEIN State Rep. Denny Neilson and her husband, Dave, are suing a truck driver, his trucking company and the S.C. Department of Transportation over the Feb. 8 wreck that almost killed her. The lawsuit, filed Thursday in Darlington County, claims driver John Mark Stephens of Decatur, Ga., and Premier Transportation of Forest Park, Ga., were negligent and reckless. The wreck, which critically injured Neilson, occurred when the 18-wheeler driven by Stephens crossed into Neilson's lane, according to the state Highway Patrol. They were in a construction zone that reduced the two-way road to one lane. The suit says the Department of Transportation was negligent for not properly placing warning signs near the work zone. Stephens and the trucking company could not be reached for comment. A Transportation Department spokesman declined comment. Stephens has a lengthy driving record, according to the lawsuit. Highway Patrol investigators concluded he was not paying attention when he struck Neilson's Ford Explorer head on. Neilson's attorneys say Premier Transportation was negligent for hiring Stephens with his driving record and for not having an adequate safety program. The Transportation Department did not follow its procedures for posting warning signs about roadwork on the rural Lee County highway, the suit says. State and federal guidelines required a sign be posted on the highway warning motorists of road construction ahead, according to the lawsuit. The guidelines require a sign be placed no more than 1,980 feet before the flag person controlling traffic. Two other signs should be spaced evenly, about 550 feet apart. Before Neilson's wreck, the first sign warning Stephens about the construction was 3,500 feet from the flag person, according to the lawsuit. The second sign was evenly placed, but the third and final warning sign was 2,081 feet away from the flag person, according to the Highway Patrol's investigation. Attorney Richard Gergel and attorney Doug Jennings, the House minority leader, are suing in Darlington County state court. They are seeking an unspecified amount for damages, including:
Neilson spent six weeks in intensive care. Almost all of the bones on the left side of her body were broken. A Democratic Darlington legislator since 1984, Neilson has been going through daily rehabilitation in Columbia. She is in a wheelchair and is working to regain the use of her left arm and the ability to walk. The wreck occurred on a Thursday afternoon after Neilson left the State House. A Highway Patrol investigation determined that Neilson, driving north on U.S. 15, was approaching the Darlington County line. She entered a roadwork area where crews were repairing the shoulder, and where traffic was limited to one lane. At the instruction of a flag person, she drove through the work zone. Traffic in the oncoming lane was stopped to make way for Neilson and others headed north. An 18-wheeler driven by Stephens was coming from the opposite direction at about 50 mph, according to the Highway Patrol. He did not slow down. Stephens said he saw another 18-wheeler stopped for the work zone, braked and swerved left to avoid hitting it. That's when he struck Neilson's Explorer. In a statement to investigators, Stephens said he was aware traffic was slowing down. He said he was reaching for his CB radio microphone to check the length of the delay and dropped it. "That's when I glanced, looked down and looked back up and I see that traffic had stopped," Stephens told investigators. "So that's when I mashed my brakes; and when I hit my brakes, the truck started to jack to the left and it went across the road and hit, struck Mrs. Denny." Investigators concluded the cause was "poor judgment" from swerving left rather than right onto the shoulder. Stephens was charged with one count of failure to use due care. He paid a $50 fine. The lawsuit alleges that Stephens' driving record includes a license suspension and convictions for speeding and for failing to obey traffic signs and signals. Copyright (c) 2001 The State Reprinted from The State newspaper |
