Lawsuit filed in deadly Pa. crash

February 13, 2009|By DON AINES

CHAMBERSBURG, Pa. -- The father of a man killed last summer when his motorcycle was struck by a car has filed suit in Franklin County Court against the driver and the company that employed him.

The suit filed by Donald Moats Jr. on behalf of the estate of Donald Moats III, 26, of Shippensburg, Pa., asks for damages including loss of earnings and earning capacity, pain and suffering, and other damages recoverable under Pennsylvania law.

Named in the wrongful death suit are Donald H. Wilson, 74, of Hummelstown, Pa., and Central Delivery Service of Beltsville, Md.

Pennsylvania State Police said Donald Moats III was riding his motorcycle on U.S. 11 in Southampton Township on Aug. 6, 2008, at 3:36 p.m. when Wilson, who was driving a 2008 Volkswagen Beetle, "fell asleep at the wheel of his automobile and crossed into the oncoming southbound lane."


The car struck the motorcycle, killing Moats, the file states.

The suit states Wilson failed to yield the right-of-way to Moats; recklessly drove his car into the southbound lane; was inattentive; negligently operated the car "in a mental state compromised by the effect of pharmaceutical and/or recreational drugs"; and drove at a dangerous speed.

Central Delivery Service "is responsible for and vicariously liable for the negligence of its agent ... Donald H. Wilson," according to the suit, filed with the Prothonotary's Office on Jan. 28.

Pennsylvania State Police investigated the accident, but had not filed any charges against Wilson as of Friday, according to the District Attorney's Office. Records in Magisterial District Judge Todd R. Williams' office showed state police had cited Wilson for a traffic violation Aug. 4, two days before Moats was killed.

Wilson received minor injuries in the crash, police said. The accident happened on a straight and level section of road in dry conditions.

The Herald-Mail Articles