Wednesday, March 18, 2009
Nininger, Dupree sued in worker's roadside death
Already sentenced to 2 1/2 years each, Tracie Nininger and Jeffrey Dupree now face a $10 million lawsuit.
Related coverage
Previous stories
- Other driver Dupree sentenced in worksite death (Feb. 12, 2009)
- Nininger sentenced to 2 1/2 years in manslaughter case (Feb. 3, 2009)
- Judge finds Dupree, Nininger guilty of killing construction worker (Oct. 31, 2008)
- Defense questions flagman's actions (Oct.30, 2008)
- Work site fatality trial begins (Oct. 28, 2008)
- Road-crew collision nets two DUI convictions (Feb. 23, 2008)
- Two drivers in fatal crash out on bond (Feb. 23, 2008)
- Driver faces 2nd charge in death of Vinton man (Feb. 22, 2008)
- Two charged after crash kills man in work zone (Feb. 21, 2008)
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The family of a construction worker killed in a chain reaction crash has filed a $10 million lawsuit against the pair convicted of causing their loved one's death.
The wrongful death lawsuit filed Tuesday in Roanoke County Circuit Court holds Tracie Dowell Nininger and Jeffrey Scott Dupree solely responsible for the death of Richard Slone.
During their high-profile trial in October, Dupree's and Nininger's lawyers argued that Slone's employer, Draper Paving Co., contributed to the crash by failing to comply with proper safety procedures at the site where Slone was working.
A Roanoke County judge found both of the former real estate agents guilty of aggravated involuntary manslaughter and driving under the influence in the fatal wreck, and sentenced them to each serve 2½ years in prison.
"The family does not believe that the defendants have ever accepted full responsibility for this horrific loss," said Neal Johnson, the Slone family's attorney, in a statement released Tuesday.
In the statement, Johnson elaborated that "even if Draper Paving Co. was negligent in some manner, it does not relieve Tracie Nininger and Jeffrey Dupree of legal responsibility for the death of Mr. Slone," and said further that the pair can be held fully responsible under the law. "Mr. Slone would be alive today if they had just taken a taxi in the early morning hours of Feb. 20, 2008."
The wreck occurred just after midnight on Electric Road near Tanglewood Mall. Draper supervisor James Harmon was using a tractor in the blocked-off right lane to fill a ditch with asphalt. The left lane was open to traffic. Because the tractor sometimes had to back into the left lane, a flagman was assigned to periodically stop traffic.
According to testimony, Nininger's Hummer H3 drove past the flagman and struck a blade mounted on the rear of the tractor. Dupree's Chevrolet Avalanche almost simultaneously struck the rear of the Hummer. The blade and the Hummer slammed into a nearby dump truck, striking Slone and cutting him nearly in half.
Nininger and Dupree had been together at Cornerstone Bar & Grill in downtown Roanoke about half an hour before the crash. Police said Nininger had a blood-alcohol content of 0.19 percent. Dupree refused to take a breath test but failed a field sobriety check, according to testimony.
The lawsuit accuses Dupree and Nininger of negligence and seeks $8 million in compensatory damages and $2 million in punitive damages on behalf of Slone's 17-year-old daughter and 16-year-old son.
"In an instant, a loving and caring father was removed from their lives forever, and their suffering will continue for a lifetime, not just for two and a half years," Johnson said. "It is time for the full story of this tragic loss to be told in the civil courts."
The lawsuit comes as the pair filed notices of intent to appeal their convictions.
Dupree's attorney, Fairfax lawyer Jonathan Shapiro, said his client intends to appeal his case. He declined to elaborate further.
Nininger's attorney, Tony Anderson, said that he filed the notice before the mandatory deadline in order to keep the option open for his client. However, Nininger hasn't actually decided yet whether she will appeal, he said.
Both attorneys declined to comment on the Slone family's lawsuit.
Bankruptcy court documents indicate the Slone family's lawsuit may not be the only civil action to arise from the crash.
Dupree filed for bankruptcy in December. Slone's family had to seek authorization through the bankruptcy court before they could pursue the lawsuit against him.
According to bankruptcy court documents, Harmon, who operated the tractor that night, has also sought permission to file a lawsuit. Harmon was treated for a brain injury as a result of the accident, the document says.
Harmon's attorney, Brent Brown, said Tuesday that commenting on the case at this point would be premature.
