Parents of man killed in crash to sue drivers

Posted: 12:01am on Feb 3, 2012; Modified: 8:49am on Feb 3, 2012

The parents of a man killed after he was thrown from an SUV onto Interstate 99 and run over by a tractor-trailer are suing the drivers and trucking companies, alleging negligence and wrongful death.

In the suit, the parents of Brock Choate, Warren and Jane Choate, of Montoursville, are seeking more than $50,000 each from the driver of the SUV, Shayne Breaux, the driver of the tractor-trailer, Max Smith, and the trucking companies. They also demand a jury trial.

Breaux pleaded guilty to homicide by vehicle and was sentenced to three-and-a-half to seven years in state prison in November.

He was driving drunk along I-99 in November 2009, intentionally swerving his SUV, which caused the SUV to roll over near the Innovation Park exit.

A medical examiner found that Choate was likely thrown from the vehicle, then was struck by a tractor-trailer driven by Smith.

Smith, of Martinsburg, wasn’t charged. He told police he initially stopped after the crash but thought he just ran over car parts. About 45 miles later he stopped again and realized he probably hit a person.

Smith couldn’t be reached for comment Thursday.

In the suit, the Choates’ allege various reasons Breaux was negligent. Among them: He was driving at an unsafe speed, was driving on the wrong side of the wrong, didn’t “maintain a sharp lookout of the road and the conditions of the traffic” and that he didn’t brake.

As for Smith, the Choates say he was driving his tractor-trailer faster than the posted speed limit, that he was tired and inattentive while driving and that he didn’t have control of the semi.

The suit states that the trucking companies that owned the tractor-trailer — New Penn Motor Express Inc., YRC Worldwide Inc., YRC Regional Transportation and YRC Inc., which are all part of the same corporate entity — are liable for Smith’s alleged negligence.

The companies couldn’t be reached for comment.

The Choates are also suing for wrongful death to recover funeral expenses and other costs.

Mike Dawson can be reached at 231-4616.

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