Father sues in son's death case
PRINCETON — The father of Hugo Lopez of DePue, who died in a single-vehicle accident Dec. 30, 2006, after driving under the influence of alcohol, has filed a lawsuit against the woman who provided his son with the car.
The suit, filed on behalf of Antonio Lopez Sept. 5 in Bureau County Court, seeks unspecified damages against Sally N. Harder of DePue. Lopez is represented by David Olivero from the law office of Louis E. Olivero & Associates of Peru.
At some time during the night of Dec. 29 or the early morning hours of Dec. 30, Lopez consumed alcohol and was given Harder’s car to drive.
At 1:40 a.m. Dec. 30, Lopez and Antonio Flores, both 18, were in Harder’s vehicle when it rounded the curve on Route 29, crossing the DePue-Princeton Road, struck a guardrail and flipped several times. The vehicle traveled up an embankment, struck several trees before landing back on the roadway. Lopez was not wearing a seat belt and was ejected from the vehicle.
He was pronounced dead at the scene by Bureau County Coroner Janice Wamhoff. Flores was transported to St. Margaret’s Health in Spring Valley.
The coroner’s inquest later revealed Lopez had an alcohol level of .138, which is one and one-half times the legal limit of .08.
On Aug. 24 Antonio Lopez was appointed special administrator of his son’s estate. Olivero said Lopez is pursuing the case for two reasons.
“One of which is because they lost their son and are seeking monetary compensation. But they also feel very strongly that the adult in this matter is at fault for the alcohol use in her household,” he said.
Olivero said during the course of their questioning of witnesses they may then determine where the alcohol came from and if Harder was serving alcohol to the minors.
“If we find out she was, then we may amend the complaint to address that,” he said.
In Count I in the three-count suit, it states Sally Harder was the owner of a 2005 Dodge Neon, the operation and possession of which she gave to Lopez.
“It then and there became and was the duty of Harder, as owner, to exercise ordinary care in the entrustment of her car so as not to cause injury to the persons of the public or ... Lopez.”
The suit states that Harder negligently and carelessly committed one or more of the wrongful acts, “that she entrusted the possession and operation of her vehicle to Lopez when she knew or should have known he would operate the car while under the influence of alcohol.”
Harder also provided the vehicle without proper supervision when she should have known Lopez’s operation of the vehicle might cause injury to the public or himself and that she gave him the car when she should have known he did not possess the adequate skills or competency to operate the car.
“(Lopez) was caused to lose control ... and was ejected from the car, which either caused or contributed to cause fatal injuries to (him).”
In Count II of the suit, it states that because of Harder’s careless and negligent acts, Lopez sustained “severe and permanent injuries resulting in conscious pain and suffering.”
In Count III, it states due to the accident Antonio Lopez became liable for medical and burial expenses for his son.
Olivero said a status court date has not been set and he has yet to be contacted by an attorney representing Harder. Harder has 30 days to respond to the complaint.
“Mr. Lopez has a sincere interest in pursuing this because he lost his son. He does not want this to happen to anyone else,” Olivero said.
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