ILLINOIS WOMAN SUES BUS, TRUCK DRIVERS FOR HUSBAND'S DEATH
The widow of a Sesser firefighter killed while finishing up a call on Interstate 57 last summer has filed a lawsuit against not only the driver of the bus that struck him, but also the driver of a tractor-trailer whose trailer fire initially brought firefighters to the scene. Sherlyn Miller, widow and administrator of the estate of the late James "Shib" Miller, filed suit through her attorney John L. Chullen Thursday against Sammie B. Rogers Jr., driver of the Greyhound bus that struck Miller, and Rogers' employer, Greyhound Bus Lines. In addition, the complaint lists truck driver Bodie Strong, and Covenant Transport Inc. among the defendants.
The complaint alleges Strong was the driver of a tractor-trailer owned or leased by Covenant Transport, Inc. that "caught fire due in part to its trailer brakes locking up." Because of Strong's alleged failure to "ensure that the tractor-trailer's braking system was working properly," the trailer caught fire and firefighters from the Sesser Fire Protection District, including Shib Miller, responded to the fire scene on the interstate.
The suit alleges Strong's failure and the resulting trailer fire "resulted in (Miller's) death on July 27, 2007, when he was hit by a commercial passenger bus as a direct and proximate result of his firefighting efforts with defendant Strong's tractor-trailer fire." Covenant Transport, Inc. is included in the lawsuit as Strong's employer who is "responsible for his actions."
Strong, who lives in North Carolina, could not be reached for comment. A spokesman for Covenant said he could not comment on the lawsuit. Rogers, a Chicago resident, is accused in the civil lawsuit of negligence resulting in Miller's death, as is Greyhound as Rogers' employer. Rogers could not be reached for comment and Greyhound policy forbids comment on pending litigation, a spokesman said.
The lawsuit asks for a judgment in excess of $50,000 from each defendant for compensation for the loss of Miller under the Illinois Wrongful Death Act, and in excess of $50,000 from each for all losses compensable under the terms of the family expense statute under the Rights of Married Persons Act. The lawsuit is the second filed in connection with Miller's death. Seven Sesser firefighters filed suit against Rogers and Greyhound last month, alleging emotional and psychological distress caused by witnessing the death of their coworker, allegedly because of the negligence of Rogers and his employer.
The suit asks for a trial by jury and that each firefighter receive a judgment in excess of $50,000 from both Rogers and Greyhound. Rogers, 41, is still facing charges in connection with the crash, including violating Scott's Law, which requires that motorists yield to roadside emergency scenes by slowing and/or pulling into the farthest lane from the scene, and improper lane usage. Rogers' next court appearance is scheduled for Dec. 12.