Date: Fri 10-Jan-1997

Publication: Bee

Author: ANDYG

Quick Words:

Dodgingtown-crash-Wagnblas

Full Text:

Estate Of Deceased Trucker Will Sue Over Tanker Crash

B Y A NDREW G OROSKO

The estate of the trucker who was killed when a gasoline tanker flipped over

and exploded in Dodgingtown in October has notified the town of its intention

to file a lawsuit seeking monetary damages.

In the notice dated January 2, Attorney Richard P. Gilardi of Stratford states

the estate plans to file a lawsuit because "a defective highway condition

located on Route 302" resulted in the death of driver David P. Wagnblas, 28,

of Stratford.

At about 8:10 pm on October 7, Mr Wagnblas was driving a tractor-trailer

tanker carrying gasoline westbound on Route 302 near Hattertown Road before

the crash. The tanker crossed the road on a sharp curve, hit a utility pole,

rolled over and burst into flames in the parking lot of George's Restaurant

and Pizza as diners there watched in horror.

The exploding tanker destroyed six parked cars and damaged others. The

catastrophe sent diners running from the scene, but miraculously none were

injured.

Workers from environmental firms labored for weeks to clean up contaminated

soil at the site. Repercussions from the massive, multi-million dollar spill

are expected to be felt for years.

In the notification that the estateof Mr Wagnblas intends to sue the town, Mr

Gilardi describes the "highway defect" that caused the death of the Stratford

trucker.

A sign warning westbound travelers of the upcoming curve was missing or had

been relocated to an improper location, according to Mr Gilardi.

The curve was designed, constructed and/or maintained improperly in that the

grading, banking, slope, degree and/or angle of the road on the curve caused

westbound vehicles to face an unreasonable risk of overturning or going into

the eastbound lane, according to the notice.

The lawyer claims that the town failed to design, construct and/or maintain

the road and curve area with an adequately wide travel lane, road shoulder,

and curve area to prevent or reduce the risk of westerly vehicles from leaving

the travel portion of the road, according to the notice.

The notice also alleges the town failed to have: adequate barriers along the

eastbound shoulder on the curve; an esplanade in the center of the road to

prevent vehicles from crossing the center line; and adequate warning signs

about the curve.

The notice further alleges the town failed to reevaluate traffic conditions at

the curve in a timely manner, thus causing an unreasonably hazardous traffic

condition to exist.

Also, the town failed to maintain the roadway in a reasonably safe condition,

according to the notice.

The notice lists the cause of Mr Wagnblas's death as traumatic amputation of

the upper extremities and left lower leg; multiple fractures of the spine,

skull and skeletal system; and thermal injuries.

The administratrix of the estate is the deceased's wife, Rachel Wagnblas.

The notice to sue comes in response to state law requiring plaintiffs to

notify defendants of planned lawsuits in such cases.