Relatives of a man who survived a motorcycle crash in Bend only to be killed seconds later by a passing truck, filed a wrongful death lawsuit against the truck’s driver, alleging she was high on marijuana.
The suit, filed Thursday in Deschutes County Circuit Court by relatives of John Alan Boop, of Everett, Washington, also names Scott Logging as a defendant for allowing the woman — who was in a DUII diversion program — to drive a company vehicle that was not fitted with an ignition interlock device, which prevents an impaired driver from starting a vehicle.
The 21-year-old driver, Nikole Ashlee Cox, of La Pine, was not cited with an offense following the crash.
“The family wants to know exactly what happened,” said Andrew Ackley, attorney for Boop’s family. “And the criminal process only went so far.”
The suit seeks at least $4 million in damages.
Last summer, Boop, 59, and his best friend Charles Duncan were vacationing in Sunriver with their wives.
About 1:55 p.m. July 2, Boop and Duncan were riding their motorcycles east on two-lane SW Century Drive.
About 200 yards from Mammoth Drive, Boop struck a fawn that walked into the road. He downed his Harley and skidded to a stop in the road, surviving the encounter, according to the lawsuit.
Duncan saw the collision in his rearview mirror and returned to Boop, who got up and stood near his motorcycle.
“Ouch, Chuck,” Boop reportedly told his friend. They started talking.
Between 30 to 60 seconds later, an eastbound Chevrolet truck driven by Nikole Ashlee Cox slammed into Boop.
She did not slow down, according to the suit.
“She was transfixed by the dead fawn and other wildlife in the area,” the lawsuit states.
Following the crash, police declined to cite Cox with an offense.
The lawsuit claims officers found five containers that once contained marijuana edibles inside Cox’s vehicle.
It also claims that the vehicle should have been outfitted with an ignition interlock device because Cox was arrested for drunken driving in July 2017. As part of her diversion program, she agreed to use the ignition interlock device in any vehicle she operated, according to court records.
The suit states the Chevrolet that Cox was driving did not have such a device.
Cox’s DUII charge was dismissed following her successful completion of diversion in May 2018, according to Oregon court records.
Boop worked several careers during his life, notably manufacturing, according to Ackley, the family’s attorney.
Boop had a wife and two grown daughters. Ackley said the loss of John Boop has cost Barbara “substantial” personal and financial support.
“It wasn’t just money,” he said.
Scott Logging could not be reached for comment. The business has yet to be served with the suit.
— Reporter: 541-383-0325, email@example.com