Lawsuit Filed in Ross Death
By Stacey Creasy
PLYMOUTH �The mother and now executor of the estate of Jonathon Ross has filed a wrongful death lawsuit against Matthew L. King, 44, of Hastings, Neb., the truck driver who allegedly struck Ross. Also named is the company for which King drives.
King and the Grand Island Express trucking company of Grand Island, Neb. are the defendants in the lawsuit. South Bend attorney Martin Gardner said he filed the lawsuit Friday on behalf of Jana Ross.
Ross, who was 21 at the time of his death, was walking along US 6 on June 29 when a semi truck struck Ross, throwing him into a ditch. King fled the scene.
Ross was on leave from Germany when the incident occurred. The next day a friend of the Ross family began looking for Ross when he failed to show up for a party in his honor. The family friend found Ross in the ditch. He died from injuries he suffered from being struck by the semi.
King and an attorney contacted Marshall County Police days later and turned himself in to police. King was arrested the following week on a single charge of leaving the scene of a fatal accident. He told police said his conscious was �getting the better of him,� which is why he turned himself in.
King allegedly told police he saw Ross just before hitting him with his truck, but panicked and did not stop.
King posted bond and went back to Hastings.
Since Ross was only 21 years old, was not married and did not have children, Gardner said his family formed an estate in order to file the civil tort, wrongful death lawsuit.
�They have 20 days to respond, but what almost always happens in their lawyer seeks an extension and its usually granted,� Gardner told The Pilot News.
As administratrix of the Ross estate, his parents can collect up to $300,000 in the wrongful death suit. They can also be reimbursed for items such as funeral and burial expenses.
Gardner said the lawsuit lists negligent infliction of emotional distress due to the shocking, unexpected death of Ross. The suit also lists intentional infliction of emotional distress. Gardner said that is to make King pay for fleeing and failing to stop and see if he could help Ross the night of the incident.
The lawsuit also lists spoliation of evidence. King waited more than 72 hours to turn himself into police.
�He spoiled evidence like his blood,� said Gardner who admits no one will ever know if King was under the influence at the time he struck Ross. Gardner said he has also received little evidence regarding King�s log book, weight records, etc..
Gardner said the Ross family suffered a great loss by losing Jonathon, but the way King handled the incident only compounded their suffering.
King is being represented by South Bend attorney Kevin Kearney. In King�s criminal case, there is a pre-trial conference set for Nov. 20.
If convicted of the Class C felony, King faces 3 to 8 years in prison and/or a $5,000 fine.
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