A $16 million settlement was reached in a wrongful death lawsuit arising out of a crash that occurred near the Dayton International Airport in April 2024.
The lawsuit was filed by the estates of four victims: Richard Turnbull, Larry Edwards, Stephen Cassel, and Richard Coatney. Another plaintiff, Juan Nash, survived with serious injuries.
The plaintiffs allege that Benchmark Industrial, Inc. was negligent for hiring and entrusting a Volvo vehicle to Clayton Hughes, who was involved in the fatal incident.
On the day of the crash, police received several reports of a reckless driver, later identified as Hughes, on Interstate 70 near the airport exit. He rear-ended a pickup truck and left the scene. The truck driver followed Hughes, who continued at speeds exceeding 70 m.p.h. (reaching up to 90 m.p.h. at times) despite a posted speed limit of 40 m.p.h.
The chase ended when Hughes ran a red light and crashed into a minivan at the Terminal and Boeing drives intersection, killing all four men inside and seriously injuring Nash.
Investigations confirmed that Hughes was intoxicated at the time. In addition to the civil case, Hughes faces multiple criminal charges, including eight counts of aggravated vehicular homicide, aggravated vehicular assault, operating a vehicle under the influence (OVI), and failure to stop after an accident.
Source: https://www.daytondailynews.com/local/16m-settlement-reached-in-ovi-crash-that-killed-4-near-dayton-airport/45HBDP3PAJGGZKHLOPJXZHCR6I/
Commentary
Preventing negligent hiring claims is critical for organizations, especially when positions involve driving vehicles. Leaders must recognize that the responsibility to safeguard both their organization and the public extends beyond merely checking for a valid driver's license.
Establish a robust vetting process that examines each candidate's complete driving record and investigates any history of reckless or impaired driving. Insist on pre-employment drug and alcohol screening and make it clear that the company enforces a zero-tolerance policy for careless driving or driving under the influence.
Regularly update and train human resources and operational managers on evolving state and federal regulations involving commercial driving, record retention, and compliance mandates.
For positions involving the use of company vehicles, clarify which infractions (e.g., excessive speeding, prior DUI/OVI convictions, or repeated moving violations) will automatically disqualify applicants and strip employees of driving privileges.
Do not overlook post-hire oversight. Periodically review employee motor vehicle records and require continuous adherence to safety policies, including recurring drug and alcohol monitoring for drivers.
All adverse information should be documented, investigated, and acted upon swiftly. Failure to address even minor warning signs can create serious liability after an incident.
The final takeaway is that leadership should cultivate a culture that prioritizes driving safety, clear reporting, and immediate action, when risks are identified.
