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Wrongful Death - Article - Wrongful death lawsuit continues

Posted on Jan 25, 2006 | Lima News

Matter family sues county over fatal crash
By GREG SOWINSKI


   LIMA — The family of a Bluffton High School star athlete killed in a crash two years ago is suing Allen County saying not enough safety measures were taken at the intersection where the crash happened.
   Sherri Matter, as administrator of the estate for her son, Ricky Matter, filed the lawsuit late Friday in Allen County Common Pleas Court seeking more than $25,000 in damages. The lawsuit does not name the driver, Tyler Kindred, of the car that Matter was a passenger inside. Kindred pleaded guilty to a vehicular manslaughter charge as a juvenile and was placed on probation, fined $200 and ordered to perform community service.
   The Matters' attorney, Brian Miller, of Columbus , said claims have been presented to Kindred's insurance agency and were resolved without filing a lawsuit.
   The lawsuit names the county and unnamed parties responsible for maintaining safety at the intersection of Hillville and Phillips, where the fatal crash occurred Feb. 14, 2004 . Kindred failed to stop at the stop sign and collided with a car that did not have to stop.
   The lawsuit said the county failed to maintain a safe intersection including removing obstructions from the area that affected safety at the intersection. The lawsuit also is a wrongful death action. The Matter family also has incurred medical, funeral and burial expenses, the lawsuit said.
   Allen County Commissioner Dan Reiff declined comment Monday.
   Following the crash, the county did remove a row of trees at the intersection. Some living in the area called for a four-way stop at the intersection, not just the stop on Hillville Road .
   Allen County Engineer Tim Piper, who was not the engineer at the time, said Monday a study was completed at the intersection and it did not meet criteria established by the Ohio Department of Transportation to place a four-way stop. Part of that criteria considers the amount of traffic on the roads, he said.
   Piper said he was unaware of additional measures taken at the intersection.