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Wrongful death suit filed in Rt. 115 death

WILKES-BARRE – The parents of a 20-year-old Laurel Run Road man who was killed in September 2008 when his Jeep collided with a tractor-trailer on Route 115 have filed a wrongful death suit in Luzerne County Court.

Thomas Rogan and Denise Garofalo, the parents of Joseph Rogan, filed the lawsuit Tuesday afternoon through their attorney, Edward Ciarimboli.

The lawsuit alleges Richard Rody, of Hudson, Ohio, the driver of a tractor-trailer owned by A. Duie Pyle Inc., acted negligently and caused a crash that killed Joseph Rogan.

Two people were killed and two others injured this year in crashes on the hilly highway.

Rogan’s parents are seeking more than $100,000 in the suit, which names Rody and A. Duie Pyle Inc. as defendants.

Rogan was killed on Sept. 13, 2008, shortly after 1 a.m.

According to the lawsuit, Rogan was southbound in his Jeep on Route 115 and had the right of way. Rody, the suit says, was making an illegal U-turn from the north lane to the south lane in a dangerous fog.

The suit states Rogan was unable to stop his Jeep before colliding with the side of the tractor-trailer. The Jeep was dragged approximately 50 feet, and the force of the collision caused the top portion of the Jeep to be ripped off, killing Rogan.

The suit alleges Rody failed to maintain proper and adequate control of his vehicle, pay proper attention, and abide by the state Motor Vehicle Code. Among other claims, the suit also states Rody allegedly ignored clearly marked signs prohibiting travel on Route 115 if the vehicle weighs more than 21,000 pounds and failed to take proper precautions.

The suit states Rogan’s parents are seeking damages for wrongful death, survival action and punitive damages.

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