OKLAHOMA CITY (KOKH) — New details emerged in a lawsuit against Matthews Trenching Company following a crash that resulted in the deaths of an Oklahoma Highway Patrol trooper and two others on April 8.
According to the Oklahoma Highway Patrol, 36-year-old Mercedes Bayne was driving south on I-35 with her 4-year-old daughter, Ariana, when she swerved to avoid debris. Bayne crashed through a cable barrier into the northbound lanes, striking OHP Trooper Vernon Brake. All three occupants were pronounced dead at the scene.
Brake's widow has filed a lawsuit against Matthews Trenching Company and its driver, alleging negligence in securing the truck's load, which purportedly led to the fatal accident.
“Even if no criminal charges are brought, either the company or the driver can still be held civilly liable for their negligence,” said legal analyst Ed Blau. An Oklahoma County judge has granted a temporary restraining order requiring the company to preserve all evidence related to the incident.
The lawsuit seeks $75,000 in damages for the loss of a husband and father. In response, Matthews Trenching Company is requesting the dissolution of the restraining order, arguing that it has complied with all requirements and that the order hampers business operations.
The defendants also seek a stay in the civil case pending the outcome of potential criminal charges against the driver. The Oklahoma Highway Patrol's investigation is ongoing, with no further details available at this time.