A second personal injury lawsuit has been filed against a truck driver, and the travel companies he worked under, stemming from an August 2010
bus accident that killed three people and injured several others, as reported by The Republic.
Hideo and Akemi Hayase, the parents of 20 year-old Hiroki Hayase that lost his life in the accident, filed the suit in the third District Court in Salt Lake City.
The Hayases, their daughter, and eleven other tourists were also injured in the same crash on August 9, 2010.
Akemi Hayase, the deceased man’s mother, is now a paraplegic.
David Jordan, the family’s attorney, would only comment that the family was on a “dream vacation” to tour the U.S. The trip was to include a stop in Las Vegas and sightseeing the canyons in both Utah and Arizona.
The Hayases are requesting a trial by jury to decide financial damages for their pain, suffering, past and future medical expenses. They are also seeking that their son’s funeral expenses be reimbursed.
Named in the suit are Yasushi Mikuni, the tour bus driver; two Utah-based travel companies, Canyon Transportation and Western Leisure Inc.; and two Japanese travel companies.
All were cited for their negligence and failure to ensure the safety of their travelers.
The court papers state that the companies failed to carry enough liability insurance and, violated different state and federal motor carrier safety standards. The papers also accuse the companies of hiring an inexperienced driver – Mikuni – that lacked both training and the proper commercial driver’s licensure.
Mikuni is a Japanese citizen living in Las Vegas on a U.S. work and education visa.
Besides the lawsuit, Mikuni, entrusted with the safety of 14 tourists that fateful day, currently faces 13 felony and misdemeanor charges in Utah’s 5th District Court.
Those charges include negligent driving that caused injury or death – while under the influence of a controlled substance.
Mikuni allegedly smoked marijuana hours before the crash.
He is free on $50,000 bail and his hearing is scheduled for April 13 in Cedar City.
Court papers revealed that Mikuni had driven for 11 hours on little sleep – on top of the allegation that he had also smoked marijuana.
The lawsuit alleges that Mikuni was tested for substance abuse and THC, a chemical in marijuana, was found in his system.
Messages left by the Associated Press for Mikuni, Nippon Travel Agency America Inc., and Western Leisure were not returned before press time.
Dennis James, an attorney for Canyon Transportation, e-mailed this statement, “In spite of allegations to the contrary, Canyon Transportation wants to clarify that it had the required insurance coverage for this accident. Canyon Transportation strives always to be in full compliance with all pertinent Federal and State laws and regulations. Any shortcomings in that respect were inadvertent and had no consequence with respect to this accident.”
This is the second lawsuit, so far, stemming from the accident.
The first lawsuit was filed on behalf of honeymooners, Kei and Mai Maeda. The bus crash left the husband with a broken neck, the wife a punctured lung and injured eye.
If you have lost a loved one in a wrongful death, contact a personal injury lawyer for help. You are due monetary compensation in your loss.