Smithfield man responds to wrongful death suit
A Smithfield man has responded to a wrongful death suit lodged against him in Fayette County Court, denying that he was texting while driving prior to a collision that claimed the life of a Wharton Township motorcyclist.
On May 1, Brian Humbert, 28, was pronounced dead in South Union Township after a truck driven by Thomas Rich, 51, of Smithfield allegedly left the road and struck Humbert.
Humbert’s wife, as adminstratrix of his estate, filed the wrongful death action in July.
In the suit, attorneys James T. Davis and Jack Purcell claimed Rich was composing a text message and was in mid-sentence when the crash occurred and that there were no other factors that could have contributed to the collision.
“It is specifically denied that Rich was creating a text message at the time of the accident, or that he was on his phone or distracted by any type of electronic device. It is further specifically denied that Rich was distracted from the careful and prudent operation of his vehicle” wrote Rich’s attorney, Sheila M. Burke.
“By way of further response,” Burke went on, “the text message on Rich’s phone had been typed at least 30 to 45 minutes prior to the time of the collision, and Rich decided against sending it but did not delete it from his phone.”
Not only did Burke contend that Rich was driving his truck in a safe and careful manner, but she also indicated that Humbert had chosen dangerous place to pull off from the highway to make a phone call on his motorcycle. Burke stated, “(Humbert) was standing in the roadway or sitting on his motorcycle in the roadway with his back to the road, or very close to the line of the road and was not paying attention to the traffic on the highway behind him.”
“Instead of pulling off of the roadway in a parking lot or safe location away from the highway, the decedent chose a very busy and dangerous location to stop his motorcycle and make a phone call,” Burke wrote. “(He) also chose not to wear any protective clothing or helmet.”
Additionally, Burke objected to wording in the initial complaint, which said, “As a result of (Rich’s) distracted driving, a young wife is now a widow and a young son now has no father. This is a civil action seeking justice for both.”
Burke denied that Rich’s actions caused Humbert’s death and asked for proof at trial. She also criticized the statement for containing “impertinent and scandalous matter” that “only serves to prejudice a potential juror in this county.”