A wrongful death lawsuit has been filed in Luzerne County Court in relation to a 2008 traffic accident. Joseph Rogan died as a result of the injuries he sustained in a collision between his Jeep and a tractor-trailer traveling on Pennsylvania Route 115.
The accident occurred in the early hours of September 13, 2008. According to the lawsuit recently filed by Rogan's parents, Rogan was southbound in his Jeep when he collided with a large tractor-trailer that was driven by Richard Rody and was owned by A. Duie Pyle Inc.
The truck was allegedly making an illegal U-turn to move from the northbound to the southbound lane. In addition, there was reportedly a heavy fog, which made for poor visibility on the roads. Rogan's Jeep was unable to stop in time to avoid the collision and a portion of his vehicle was ripped away during the impact, leading to his death.
In the lawsuit, Rogan's parents allege that Rody failed to maintain adequate control of his vehicle, failed to pay proper attention, failed to take proper precautions, failed to abide by the Pennsylvania Motor Vehicle Code, and ignored signs indicating that a truck the size of the one he was driving was prohibited on Route 115.
Rogan's parents are seeking damages of more than $100,000 for wrong death, a survival action and punitive damages. The suit names both Rody and the owner of the truck, A. Duie Pyle, Inc. as defendants.
Route 115 is a hilly highway and portions of it have been under construction this summer. Although the accident mentioned above occurred in 2008, there have also been two deaths and two other serious injuries on Route 115 this year.
Related Resources:
Wrongful death suit filed in Rt. 115 death (The Times Leader)