A 22-year-old man from Layton, Utah died from injuries received in a fatal car accident occurring on February 14, 2009. According to KSL News, the man, Joshua Discuillo of Layton, was originally rear-ended around 12:15 p.m. on Valentines day by a red pickup truck driven by a 31-year-old male while driving on the I-15 near mile marker 353. Both Discuillo and the other driver had pulled off the road and were outside their cars discussing the crash when a third vehicle, a silver car driven by a 37-year-old Bountiful, Utah woman lost control and slid into the two males. The other escaped serious injury, but Discuillo, unfortunately, was reportedly pinned between his car, a white Chevrolet Prism and the silver car. He was taken by ambulance as opposed to a helicopter because of heavy snow. The UHP has reported that the driver of the red pickup will received a citation for following too close the driver of the silver car will also be cited.
There is a principle in tort law that the person who causes the underlying incident to occur is responsible for all further injury stemming from the original incident. In this case, Joshua Discuillo was first rear-ended. It would seem that this was directly attributable to the driver of the red pickup. Because of that first crash, Discuillo was on the side of the road, in a snow storm, when he should have been miles down the highway. Because he was on the side of the road, in an area that apparently had very slippery roads, he was exposed to the negligent driving of another motorist.
This is a sad situation for all involved. Certainly no one intended to inflict injury or get hurt in this tragic car wreck. But injury and death did occur and it is likely that Utah’s legal system will have to sort this out. My condolences to all involved, especially the family of this young man who had his whole life ahead of him.
Published by: Ron Kramer
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