A driver under indictment for negligent homicide in a fatal traffic collision two years ago is suing the other driver in the two-vehicle accident, who also was indicted for negligent homicide for the same crash.
The civil lawsuit was filed Jan. 3 in Hilo Circuit Court by attorney Phillip Carey on behalf of plaintiff Justin James Clark. The defendants are Barbara Phillips and unnamed “John Doe” entities.
The crash Jan. 5, 2017, killed 37-year-old Michael Simmons of O’Brien, Ore., a passenger in the 2004 Ford pickup truck driven by Phillips, then 74, of Pahoa.
The suit seeks unspecified monetary damages, claiming Phillips, who was driving toward Kalapana on Highway 130, made an illegal U-turn between Leilani Avenue and Malama Street, causing Clark, then 30, of Pahoa to broadside Phillips’ truck with the 1998 Ford passenger van he was driving toward Pahoa.
According to police, a 7-year-old Pahoa girl and 65-year-old Pahoa woman, both passengers in Clark’s van, were taken to Hilo Medical Center for treatment of their injuries, as was Clark. The girl was later flown in stable condition to Kapiolani Medical Center for Women and Children in Honolulu for further treatment. An adult woman passenger in Phillips’ truck also was taken to HMC, where her condition was described as stable.
Phillips was treated for her injuries at the scene.
Police said they think alcohol and speed were factors in the crash, and Clark was arrested on suspicion of DUI and driving without a license and insurance, but wasn’t charged at the time.
The suit claims Clark suffered a fractured kneecap, plus multiple facial lacerations and abrasions to his “right lower extremity,” injuries to both arms and his head, spine and brain and “post-traumatic stress disorder with flashbacks and other symptoms.” The complaint accused Phillips of “breach of her duty of reasonable care” and described her actions as “fraudulent, reckless, malicious, despicable (and) intentional.”
Carey said Clark “almost went through the windshield.” He added Clark continues to experience “headaches, nightmares and things” because of PTSD.
The attorney declined to state a monetary figure he would consider a fair settlement in the suit.
Clark and Phillips were both indicted Oct. 17 by a Hilo grand jury.
The indictment charges Clark with first-degree negligent homicide for the death of Simmons, alleging he drove “in a negligent manner while under the influence of drugs or alcohol,” plus three counts of first-degree negligent injury. The alleged negligent injury victims are identified in the document as Jessica Simmons, Malama Gedarro and a minor whose initials are “T.J.”
First-degree negligent homicide is a Class B felony punishable by up to 10 years imprisonment upon conviction, while first-degree negligent injury is a Class C felony punishable by up to five years in prison.
Phillips is charged with second-degree negligent homicide, allegedly for driving “in a negligent manner,” and three counts of first-degree negligent injury. All charges against her are Class C felonies, and the alleged victims are the same.
Bench warrants also were issued for the arrests of Clark and Phillips, neither of whom have yet made court appearances in the criminal case.
Clark’s bail was set at $60,000, while Phillips’ bail is $8,000.
Email John Burnett at jburnett@hawaiitribune-herald.com.
