Pennsylvania State Police
SCRANTON, Pa. – The family of a Pennsylvania state trooper who was killed in an accident on Interstate 81 is suing the company that employed a driver who faces homicide charges.
Patricia Pahira sued Michael Bon, Augustin Freight Services and SNK Logistics Sept. 2 in Scranton federal court over the death of her son Michael, who was performing an inspection of a commercial motor vehicle on the side of I-81 near Frackville in Schuylkill on the morning of July 1.
Testimony showed that Pahira’s vehicle lights would have been visible for more than a mile, and the complaint says “no harm came to Michael from the countless cars and commercial vehicles that drove by” during the first 40 minutes of the inspection.
But Bon, who was transporting a load brokered by SNK, strayed from his lane, caught the side mirror of Pahira’s patrol truck and crashed into the back of the garbage truck Pahira was inspecting “with tremendous force,” the lawsuit says.
He also hit Pahira and dragged him until coming to a stop, the suit says, trapping Pahira underneath. Rescue efforts from both Bon and witnesses failed to save Pahira as explosions threatened to burn him to death. One man was able to pull him to the shoulder of the road, but Pahira didn’t survive his injuries.
In Bon’s criminal proceedings, his lawyer has raised the possibility that Bon suffered a seizure while behind the wheel. John Waldron says he has a letter from Bon’s doctor in his native Haiti that shows a history of them.
Why then would SNK and Augustin Freight Services employ him as a driver? He had checked “no” on a safety questionnaire to the question of whether he had ever experienced seizures/epilepsy. Augustin is charged with utilizing unsafe drivers and equipment, and SNK is alleged to have not researched the company’s safety record when deciding to contract with it.
Augustin had only four drivers who amassed 82 unsafe driving violation points in just over a year, the suit says. Offenses include speeding and operating a commercial vehicle while using a cell phone.
Bon, who tested positive for THC after the crash, has been criminally charged with involuntary manslaughter and vehicular homicide, among other offenses.
“Defendant Bon exhibited a conscious disregard for the health and safety of the monitoring public by failing to move his vehicle into the left lane upon seeing the clearly visible emergency lights of the deceased Plaintiff’s F350,” the lawsuit says.
One witness said Bon was only wearing socks when the wreck occurred and “looked like he had just woken up,” the suit adds. It was filed by K. Clancy Boylan of Morgan & Morgan.
