Route 15/Interstate 86 Truck Crash case being handled by Carl Hayden
SUIT LIKELY IN I-86 CRASH:
Family's van was struck by truck that fell from overpass in December.
February 22, 2007, Star-Gazette
By Jeff Murray
jmurray@stargazette.com
New York state might face legal action stemming from a December crash that killed a truck driver at the Route 15/Interstate 86 interchange in Painted Post.
Elmira attorney Carl Hayden, who represents a western New York family injured in the Dec. 17 crash, has filed a notice of intention to bring a claim against the state.
Trucker Milton Reedy of Brandon, Fla., died when his rig plunged over the Route 15 flyover ramp and crashed onto the westbound lane of Interstate 86 below.
State police investigators say Reedy was possibly traveling too fast and might have taken his eyes off the road momentarily.
The falling truck collided with a westbound van, injuring James and Maria Cantella of Barker, N.Y., along with their four children, ages 3, 10, 13 and 17. All six were treated at Arnot Ogden Medical Center in Elmira for their injuries.
The Cantellas hired Hayden to represent them in any potential litigation.
A notice of intent to file a claim against the state had to be filed within 90 days of the accident or the parties lose the right to sue, Hayden said. Evidence available at this point indicates a lawsuit is a good possibility, he said.
"There are serious questions about the design of that flyway. The obvious question is about the banking and even more obvious is about the height of the retaining wall," Hayden said. "The design ought to anticipate the possibility that a driver can come into that curve going too fast. That's a basic safety principle that was apparently not observed here.
"So I believe that the state of evidence now shows at least an arguable involvement on the part of the state," he said. "And it's something I want to preserve the right to pursue."
State Department of Transportation Regional Director Peter White said the state would have no comment at this time because of pending litigation.
Following the accident, White said the design of the interchange complies with all federal guidelines.
"One thing I can tell you is that the bridge meets all interstate design standards. It meets all modern engineering approaches to interstate highways," White said at the time. "I can assure you in this case there were no shortcuts, no substandard features. This project met every criteria."
Hayden also is considering filing suit against Heartland Express, the Iowa trucking firm that employed Reedy. He has more time for that action, however.
"I've got three years to file against the trucking company. My expectation is they are going to want to discuss settlement," he said. "If that's wrong, I won't be hesitant to bring suit against Heartland."
