New Details On PA Turnpike Crash That Killed 5 Revealed In Suit

Pittsburgh PA

27 October, 2021

10:41 AM

Description

PHILADELPHIA, PA — A FedEx driver involved in the Pennsylvania Turnpike crash that killed five people in 2020 was wearing noise-canceling headphones when the deadly accident occurred, a wrongful death and negligence lawsuit claims. The lawsuit, filed in Philadelphia Common Pleas Court, contends that the driver's use of headphones prevented him from hearing warning alerts that he was about to crash into a bus that had wrecked near Mt. Pleasant, Westmoreland County. The complaint includes a photo of the FedEx driver wearing headphones in the truck. The accident occurred around 3:30 a.m. on Jan. 5, 2020, on the westbound side of the turnpike about 30 miles east of Pittsburgh. A tour bus lost control after passing the FedEx tractor-trailer, causing it to hit the concrete median barrier and forcing it up an embankment before it rolled onto its side. The FedEx truck struck the bus, which was blocking the road, as did a UPS truck. A Mercedes Benz and second UPS truck also hit vehicles in the crash. The bus driver and two passengers died in the wreck, as well as the driver and passenger of one of the trucks that hit the bus. More than 60 people were injured. The 95-page lawsuit was filed by 18 victims or their survivors against FedEx Ground Package System Inc; Z&D Tour Inc., which owned the bus involved in the crash; and Sioux Trucking Inc. The lawsuit contends that one of the victims, a 9-year-old child identified only by initials, was decapitated in the accident. According to the lawsuit, FedEx driver Brandon Stowers was wearing headphones when he hit the bus that had rolled onto its side. If Stowers hadn't had the headset on, the would have heard FedEx's alarm system in the cab warning him an object was in the roadway ahead. "Mr. Stowers exhibited a conscious disregard for the health and safety of the motoring public by operating the Freightliner with headphones on – in violation of the law," the lawsuit states. The lawsuit also alleges that federal records indicated that Stowers "had a propensity for violations of distracted driving." Additionally, the lawsuit notes that FedEx was previously sued in 2017 for a driver utilizing headsets while operating a tractor trailer, which resulted in a crash that injured a third party and prompted ongoing litigation in Allegheny County. "FedEx consciously chose to allow its drivers to utilize headsets although it knew it was against Pennsylvania law, and wholly failed to remedy this issue," the lawsuit stated. FedEx has released a statement denying the lawsuit's allegations. "There is no higher priority for FedEx than safety, and our thoughts and condolences remain with the individuals and families of those involved in this tragic accident," the statement said. "The allegations against FedEx Ground and Mr. Stowers are without merit and we intend to defend our position should this matter proceed." The lawsuit also asserts that that the bus driver, Shuang Oing Feng, 58, was negligent and driving the bus while fatigued. Feng was killed in the crash. "At all relevant times, Mr. Feng failed to adjust his speed to match the conditions on the roadway ahead," the lawsuit states. FedEx, Stowers and Z&D Tours also are being sued by a mother and her 11-year-old daughter who were seriously injured in the crash. Cheng Ying Lian, 40, and her daughter Ivy Ou, of Athens, Ohio, are seeking $15 million in damages. Be the first to know what's happening in your community and region. With a free Patch subscription, you'll always be up to date on local and state news: https://patch.com/subscribe.