Fatal accident spurs lawsuit against trucking company

Wednesday, March 16, 2011

The family of a College of Southern Maryland student killed in an accident involving a tractor-trailer filed a $5 million wrongful death lawsuit against the truck driver and his employer, a press release states.

King W. Mungai was driving a Toyota Corolla across the southbound lanes of U.S. 301 on Jan. 21, 2010, when a truck struck the side of his car, according to the release from the law firm representing his family. The collision forced the Toyota off the roadway and into a wooded area just south of the Mitchell Road intersection, according to the release.

Although Maryland State Police initially reported that Mungai did not yield to the tractor-trailer, the suit alleges the tractor-trailer driver was negligent.

"We've located information that was not included in that police report that we found to be extremely important," said Michael J. Schreyer, an attorney representing Mungai's family.

The lawsuit accuses the truck driver, Gordon Scott Barnes of Connelly Springs, N.C., of running a red light before the accident. Schreyer said the driver of a car had been heading south along with the Freightliner and stopped at the intersection, watching as the tractor-trailer sped through the light and collided with Mungai's car.

Barnes' employer, Cargo Transporters, which provides nationwide interstate transportation for furniture and other freight companies also is named as a defendant in the suit, the release states.

Mungai was treated at the scene by rescue workers for severe injuries suffered in the crash and then was flown to the Prince George's Hospital Center in Cheverly, where he died during the night.

"This is obviously a horrible case. This guy was killed on his way to class," Schreyer said.

The lawsuit filed March 3 in Charles County Circuit Court reportedly is seeking compensation for lost wages, emotional suffering and funeral expenses for Mungai's wife and parents.

brodgers@somdnews.com