Family settles lawsuit
The family of a Center Township man who died in a 2003 crash with a tractor-trailer settled a wrongful-death lawsuit for $1.8 million.
Butler County Judge S. Michael Yeager approved the settlement Tuesday to the parents of 21-year-old Derek DiGregorio.
The DiGregorios sued the truck's driver, Jody Clark of Bradford, McKean County, and his employer, Glenn O. Hawbaker Inc. of State College, Centre County.
Other co-defendants in the case were the state Department of Transportation and IA Construction of Zelienople.
Tuesday's settlement does not acknowledge responsibility by any of the defendants, but rather ends the impending trial and the possibility of future litigation.
The case had been scheduled for a three-week jury trial, beginning April 3 that was expected to include testimony from as many as 60 witnesses.
Attorney Raymond Conlon, who represented the DiGregorios, said the family accepted the settlement to avoid the pain of a trial.
"It was too much to bear and I respect that decision,"he said.
DiGregorio, an avid outdoorsman, was on his way alone to his family's camp in Marionville when the collision occurred just before 9:30 a.m. Aug. 16, 2003, along Route 38 in Eau Claire.
According to a statement issued by the state police after the crash, Clark, then 44, lost control on a bend and crossed the road's centerline.
The truck, hauling an empty lowboy trailer, collided with DiGregorio's Chevrolet Blazer, killing DiGregorio.
State police investigated the collision, but filed no criminal charges against Clark or Hawbaker, which is a construction company, according to court documents.
The DiGregorio's lawsuit claimed Hawbaker was at fault for the collision because the company employed faulty hiring procedures and failed to maintain its 80,000-pound Mack truck.
Specifically, the lawsuit alleges Clark lied on his job application about his education level, previous speeding tickets and a past accident.
The lawsuit alleges Hawbaker failed to investigate Clark's background, which included two instances in which his license was suspended for failure to respond to moving violations. The lawsuit also claims there were numerous problems with the truck, including faulty brakes, a broken windshield and bad tires.
And finally, the lawsuit claims Clark drove negligently and was under the influence of marijuana on the day of the collision.
Richard Mills, the attorney who represented both Hawbaker and Clark, did not attend Tuesday's court hearing or return a telephone message.
However, in court documents, Hawbaker and Clark denied all allegations against them and any responsibility for the collision. Instead, Hawbaker and Clark claimed design and construction flaws in Route 38 were to blame for the collision.
Attorneys for PennDOT, which owns the road, and IAConstruction, which built it, could not be reached.
However, court documents indicate those entities also claimed they were not at fault.
Attorneys for PennDOTand IAConstruction also did not attend Tuesday's hearing. And attempts to reach them for comment later Tuesday were unsuccessful.
DiGregorio's parents, Kurt DiGregorio of Ford City, Armstrong County, and Sandra DiGregorio of Center Township attended the hearing but declined to comment.
The settlement specifically earmarks the money to be divided among the parents and legal fees.
Conlon said the family's hope is that something good —by way of changes to Hawbaker's hiring procedures — also come from this resolution.
"No amount of money will right this injustice," Conlon said.
According to DiGregorio's obituary, he was a 2000 graduate of Butler High School and a 2003 graduate of Butler County Community College, where he earned an associate's degree in business administration.
DiGregorio was employed by the Hey Electric Co. of Butler.
He was an active player in the Butler Dek Hockey League and a pool league. An avid outdoorsman and sportsman, he enjoyed hunting and fishing and regularly participated in fishing tournaments at Lake Arthur in Moraine State Park.
"Everybody who encountered this kid thought the world of him,"Conlon said.