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By BILL DOLAN | Saturday, July 11, 1998 | (No comments posted.)
Type:
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Section: bL PAGE: 01
Date: 07/11/98
Head: Family seeks $30 million over crash.
By: BILL DOLAN
HAMMOND - The parents of a 4-year-old boy who died in a June 25 collision is
suing the Gary day-care center that operated the van carrying him and 17 other
preschoolers.
The family of Joseph "Jo Jo" Wright and his 5-year-old brother, Reginald, is
seeking $30 million dollars in damages from the Nurseryland Foundation, its
owner, Eloise Gentry, and the drivers in the accident on U.S. 12-20 in Gary's
Aetna section.
"Jo Jo's life need not have been taken," Valparaiso lawyer Kenneth J. Allen
said after filing the wrongful death suit on behalf of Reginald Wright Sr. and
Teresa Jones, the children's parents.
Allen said Lake Superior Court Judge James Richards in Hammond on Friday
issued a temporary restraining order to prevent anyone from altering the
vehicles or any other evidence. Allen said the judge has set a new hearing in
the case for July 20.
"These defendants need to be punished for this tragic and foreseeable crash
which should never, ever have happened," Allen said.
The suit alleges Nurseryland, a state-licensed child-care facility at 601.
N. Montgomery St., was negligent for employing van driver Sherwood C. Harris,
42, of Gary.
The suit alleges Harris is "an unlicensed and/or incompetent driver whose
license had been suspended for an alcohol-related offense when it knew or
recklessly disregarded the danger to the children by doing so."
It alleges Nurseryland staff overcrowded the 1995 Chevrolet van, designed
for 15 occupants, with 18 children and two adults.
The suit also alleges the staff failed to secure the children with seat
belts or child restraints, although police said the van was equipped with seat
belts.
It alleges Harris was speeding, making dangerous lane movements and failed
to yield to a car driven by Michael Howard Jr., 20, of Gary.
Gary police say a collision between the van and Howard's vehicle took place
at 4:30 p.m., causing the van to go airborne and roll over on Jo Jo, who died a
few hours later. Reginald was hospitalized for head injuries, but later
released.
Gary police said neither Harris nor Howard tested positive for alcohol.
Nurseryland did not answer its telephone, and Harris, Howard and Gentry
could not be reached late Friday for comment.
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