May 16, 2002 By Jennifer Harr 3 min read

The family of a 17-year-old Uniontown boy killed in a 1998 car accident has reached a tentative settlement with the Pennsylvania Department of Transportation (PennDOT). George R. and Brenda Lee Tomasek have tentatively agreed to settle in the death of their son, Jeremy R. Tomasek, for $150,000, said attorney James T. Davis in court on Wednesday.

The couple sued the estate of Christopher Franks, as well as PennDOT, after their son died in an Oct. 21, 1998, car accident along Route 21.

Davis represents the couple, and said during motions court proceedings that the Tomaseks previously received $9,893.33 from the insurance company that covered Franks. Franks was driving the car in which Tomasek was a passenger. State police said Franks lost control of his vehicle along in German Township and collided with another car.

Franks also died in that accident.

In addition to the tentative settlement with PennDOT and the insurance settlement, Davis said the Tomaseks have also received $200,000 from State Farm, their insurance company, as part of the underinsured motorist coverage benefits.

Those benefits cover situations where an at-fault motorist, in this case, Franks, does not have sufficient insurance for a wronged party to recoup losses.

Davis said State Farm initially wanted to try and recoup some of the $200,000 pay out from the tentative $150,000 settlement with PennDOT.

In a letter to Davis, State Farm attorney William M. Radcliffe wrote that the carrier did not wish to waive its right to recoup what it had paid the Tomaseks. However, Davis said in court that Radcliffe called him Wednesday morning and agreed not to seek any of that proposed settlement.

Judge Gerald R. Solomon will now decide if he should approve and sign off on the PennDOT settlement. Since the action involves death, the court must agree to settlements.

That makes the total award to the Tomaseks $359,893.33 if Solomon approves the PennDOT settlement.

Police reports about the accident indicate that Franks had a blood-alcohol concentration of .032 percent. While that is nowhere near the legal limit of .10 for driving in Pennsylvania, Franks was only 17 at the time.

For underage drivers, the legal limit for driving is .02 percent.

Although he was not driving, police also determined that Tomasek’s blood-alcohol level was .167 percent.

Franks vehicle ran into a vehicle occupied by Ruth A. Patek and Catherine A. Caldwell of Waynesburg. Both were seriously injured in the crash.

PennDOT’s part in the suit stemmed from a claim that the wreck occurred on a poorly maintained section of Route 21, contributing to the accident.