A Bend man whose legs were broken when he was struck by a car while working in a Bend car wash is suing the family of the driver who hit him.
Sean Bauer filed suit Wednesday in Deschutes County Circuit Court against the estate of Adolph Christopher, seeking up to $312,000.
Christopher died just less than a year after the incident that injured Bauer. He was 91.
According to the complaint, Bauer was working as a car wash attendant at the Sud-N-Shine Car Wash on Bend’s south side in February 2016.
Typically, customers waiting to enter the car wash would stop on a concrete landing, where attendants such as Bauer would do a preliminary wash before signaling the driver to proceed into the automated car wash.
According to the suit, Christopher failed to stop while approaching the landing, where Bauer was doing a preliminary wash on the vehicle in front of Christopher. Bauer was struck and pinned between the two vehicles, according to the lawsuit. Bauer suffered fractures to both legs and soft tissue injuries to his neck, back and lower extremities, according to the lawsuit.
The suit asserts that Bauer is suffering ongoing pain and a diminished quality of life as a result of his injuries. It alleges that Christopher was negligent in failing to keep a proper lookout, failing to maintain control over his vehicle, operating his vehicle at an excessive speed for the circumstances and operating his vehicle when he was physically and mentally unable to do so safely.
Christopher’s estate has not filed a formal response to the allegations, and no court dates have been scheduled.
Bauer’s attorney, Warren John West, was not available for comment on Friday. Representatives of Christopher’s estate could not be reached.