Laramie, Wy – The family of a cross country runner that died with seven of his peers when they were hit by a drunk driver continues to try and bring a suit against the driver of that vehicle. The case is now in the hands of the state Supreme Court.
Joshua Jones was riding in the vehicle driven by his teammate Nick Schabron, both died in the accident. Joneses' family is suing Schabron's family saying Nick was negligent for allowing too many passengers in the vehicle and for not taking evasive maneuvers to avoid the collision. The district court denied a trial and now the Supreme Court must decide if that was the right decision. The Schabron's lawyer says the accident reconstruction expert said in an affidavit that there is no evidence to support the claim Nick could have avoided the collision, which took place completely in his lane. The attorney for the Joneses says a judge cannot deny a trial based on the word of an expert and said that expert contradicted earlier statements in his affidavit.