Tuesday, April 13, 2004 | 9:29 a.m.
District Judge Stewart Bell ruled Monday that the father of a 16-year-old who pleaded guilty to drunken driving in a fatal crash that killed three childhood friends is liable in a wrongful death suit against the family.
Gary Larimer's attorney, Rachel Lewis, had filed a motion for summary judgment to dismiss the father from the case because he did not have primary custody of the teen at the time of the crash.
Bell ruled that Susan Larimer was responsible for signing her son's driver's license application and was the owner of the vehicle in the accident, John Provost, attorney for the plaintiffs, Richard and Sharlene Poff, said.
However, Bell ruled Gary Larimer was still generally liable in the wrongful death suit filed by the parents of 15-year-old Kyle Poff.
Poff died in the Nov. 10 crash that also killed 15-year-olds Travis Dunning and Josh Parry. A fourth passenger, Cody Fredericks, was injured in the crash but survived.
Poff's parents are seeking damages in excess of $1 million from the Larimers under a state statute that allows the parents to be sued for the willful misconduct of minor children, Provost said. Their son is also named in the suit, which alleges his negligence and willful misconduct.
Lewis said she plans to file a motion for a second hearing to dismiss Gary Larimer from the suit because her office had written down the wrong calendar date and Lewis subsequently did not attend the Monday morning hearing. Lewis said her reply to the plaintiff had not been filed until Monday.
Allstate, Gary Larimer's insurance company, has also filed suit in federal court asking that the father's policy be indemnified from the state lawsuit. Provost said the Poffs are fighting that lawsuit, which would allow Allstate to pay for damages only through Susan Larimer's policy. The suit was filed in federal court because Allstate is an Illinois company.
The Larimers' son pleaded guilty to four counts of felony DUI and reckless driving causing death or substantial bodily harm in February. Juvenile Judge William Voy sentenced the teen to two years in the Clark County Juvenile Detention Center and 600 hours of community service speaking out against drunken driving.
Authorities say the teen's blood alcohol level was 0.19 when he was driving his 1995 Pontiac Grand Am 80 mph in a 25-mph zone and crashed into a brick wall on Silver Springs Parkway in Henderson.
Richard Poff, when reached at his home Monday, declined to comment on the suit. Attorney Mark Gentile declined to comment for his client, Susan Larimer.
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