WASHINGTON-A lawsuit was filed in Michigan state court by the parents of a 12-year-old boy killed when a Hummer driven by young woman talking on a cell phone rammed into a smaller sport utility vehicle in which Joseph Teater and his mother were riding earlier this year.
The lawsuit names as defendants Holly Jo Smeckert, a 20-year-old nanny for Philip and Roberta DeVries, the DeVrieses themselves, and their company, Skyline Development of West Michigan L.L.C.
“While surrounding their child with the protection of the 3.5-ton Hummer originally designed for military use, Philip and Roberta DeVries and Skyline Development showed no such regard for the safety of others sharing the Grand Rapids streets,” the Oct. 7 suit stated.
The suit said the Hummer is owned by Skyline Development.
The Teater’s lawyer, Frederick Dilley, said in the suit Smeckert was issued four speeding tickets and had at least one other wreck in four years of driving. The suit said the DeVrieses exacerbated the situation by putting vanity license plates on the Hummer with the letters “HTWHELS” and handing it over to a young driver with a record of reckless driving.
“Defendants’ carelessness was a time bomb waiting to explode, and it did just that on Jan. 19, 2004,” stated the suit .
The DeVrieses were not immediately available for comment.
According to a Grand Rapids TV station, Smeckert earlier this year pled guilty to negligent homicide, was sentenced to 300 hours of community service and forbidden to drive for five years.
The Michigan suit is the latest in a growing number of legal actions involving deaths and injuries caused by drivers talking on cell phones. Some cases have been settled, others are pending around the country.
New York, New Jersey and the District of Columbia have responded by prohibiting drivers from operating hand held mobile phones, while allowing hands-free conversations on the road. Other states are trying to get such laws on the books, despite research showing hands-free gadgets do not significantly improve driver concentration.
The cell-phone industry, which recently launched a new driver-safety campaign, largely opposes state laws restricting use of handheld phones by drivers.
The National Highway Traffic Safety Administration is conducting research to better understand driver distractions, such as cell phones.
