May 31--PEORIA -- A Hudson firefighter injured in a March 2013 crash that killed another member of his volunteer squad is asking that his damage claims be allowed based upon the criminal conviction of the driver that caused the accident.
Tyler Cobler's federal lawsuit, filed two months after the March 5, 2013, accident on Interstate 39 near Hudson, seeks a minimum of $75,000 from semitrailer truck driver Mansur Shakirov and Move It Auto Transport, owner of the truck driven by the Washington state man.
Shakirov recently was sentenced to four years in prison for reckless homicide for causing the death of Chris Brown and injuries to Cobler and four other firefighters. Cobler and the other injured men were in a fire department vehicle and Brown was standing nearby when Shakirov lost control of the truck that crashed into emergency vehicles.
Cobler's lawyer, Kenneth Allen of Valparaiso, Ind., argues in a recently- filed motion in U.S. District Court, that Shakirov's conviction may be used "to establish that Shakirov breached his duty to exercise reasonable care by acting in willful and wanton disregard for the safety of others" on the night of the crash.
Statements by Shakirov in a deposition point to his responsibility for the accident, Allen argues in the motion. Shakirov reportedly admitted he saw emergency lights a mile before reaching the site and his speed may have been 50 mph.
Police testimony about icy road conditions and the truck driver's failure to slow down and move to the right lane also support the damage claims, said Allen.
In their previously filed response, counsel for Shakirov and the transport firm denied liability for the collision.
A hearing date has not been scheduled.
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