Nearly three weeks after a commercial tanker slammed into stopped traffic in a construction zone west of Casper, killing two people and injuring eight others, no criminal charges have been filed as a Wyoming Highway Patrol investigation continues.
That isn't stopping a Casper attorney from pursuing the first civil lawsuit stemming from the deadly crash on behalf of a family hurt in the pileup.
The negligence lawsuit, filed Friday in Natrona County District Court, names Ryan Brothers Trucking Inc. and a John Doe defendant, identified as the tanker driver whose identity was not yet known to the plaintiffs when the complaint was filed.
The identity of the truck driver hasn’t been publicly released as the investigation is active, the Wyoming Highway Patrol has said.
Contacted by Cowboy State Daily on Wednesday, WHP spokesman Aaron Brown said the investigation has so far taken weeks because of the sheer amount of evidence investigators must review.
Unlike a typical fatal crash, this one involved a commercial tanker truck and seven other vehicles, which requires investigators to analyze electronic data from the truck and any available from all the civilian vehicles.
“It’s the scale. There’s a ton of data to be coming out of this thing,” Brown said. “We have a ton of data to sift through to try and get this thing done."
The lawsuit was filed on behalf of Makensi Van Patten and Chantry Van Patten, individually and as parents and guardians of their two minor children.
A Wyoming Highway Patrol crash summary reports that the driver of a westbound Western Star tanker truck failed to stop for traffic queued to enter a one-lane construction zone on U.S. Highway 20/26 near mile marker 58.3, striking seven stopped vehicles.
The crash killed James Faris Cox, 74, and Susan Horn Cox, 69, of Golden, Colorado, and injured eight others. The Highway Patrol listed driver inattention as a possible contributing factor.
Family Seeks Damages
The lawsuit alleges the tanker driver negligently failed to stop for traffic backed up at the construction zone, triggering the eight-vehicle chain-reaction crash.
It further claims the Van Patten family's Toyota Highlander was struck after the commercial truck plowed into the line of stopped vehicles.
Makensi and Chantry Van Patten, along with their two children, suffered physical injuries in the collision, according to the complaint.
It also claims the parents and one of the children witnessed another family member suffer serious bodily injury, causing emotional trauma in addition to physical injuries.
The family is seeking compensation for medical expenses, pain and suffering, emotional distress, permanent injuries, loss of enjoyment of life, lost earning capacity and other damages to be determined at trial.
'Get This Case Going'
Attorney Dallas Laird, who represents the family along with James Fitzgerald, said the lawsuit was filed to protect his clients' legal rights.
"The lawsuit was filed to get this case going and to preserve my client's rights," Laird told Cowboy State Daily on Wednesday.
Laird said it is too early to determine the full extent of the family's damages.
"We don't know at this point because they're still in treatment, and these are kind of long-term injuries," he said.
Asked what the family hopes to accomplish through the litigation, Laird answered simply: "A settlement of the case."
He added that the complaint could change as additional evidence becomes available.
"Our theory is, at this point, we may have to amend the complaint once we get the Highway Patrol report," Laird said.
Fifth Amendment
Among the lawsuit's allegations is that the tanker driver invoked the Fifth Amendment right with law enforcement and declined to answer questions following the crash.
"That was told to me by the Highway Patrol," Laird said.
Since the crash, Cowboy State Daily has repeatedly asked about the investigation and the potential for criminal charges to be filed.
Among the unanswered questions are whether the tanker driver has been cited, arrested or could face criminal charges; whether investigators can confirm the lawsuit's allegation that the driver invoked his Fifth Amendment right against self-incrimination; whether the case has been referred to prosecutors for criminal review; and when investigators expect to conclude the investigation.
The Highway Patrol did not respond except to say the investigation remains active and that it’s complicated and involved nature takes time to complete.
Cowboy State Daily also reached out to Natrona County District Attorney Dan Itzen to ask whether the case has been submitted for criminal review or whether any charges are anticipated. He also did not respond before publication.
As of Wednesday afternoon, no criminal charges had been announced in connection with the crash.
Ryan Brothers Trucking said that it has "no comment on ongoing litigation at this time."
Kolby Fedore can be reached at kolby@cowboystatedaily.com.
