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YOUNGSTOWN — The mother of a man who was killed in a May 11, 2021, crash at Erie Street and Judson Avenue has sued the driver of a Youngstown garbage truck and the city, alleging negligence.
Nancy L. Bish of Clarencedale Avenue, administrator of the estate of her son, Brandon M. Larsen, filed the suit Friday in Mahoning County Common Pleas Court. It names truck driver Daniel M. Patrick of Austintown as a defendant.
The suit alleges that Larsen, 32, also of Clarencedale Avenue, was operating a 1982 Yamaha dirt bike north on Erie Street at the same time that Patrick, 34, was driving the garbage truck owned by the city west on Judson Avenue. Patrick was an employee of the city, the suit states.
It alleges Patrick “negligently drove through the stop sign and into the path of the vehicle operated by Brandon M. Larson, causing a collision between the two vehicles” at the intersection.
A Youngstown police traffic crash report, however, states the 8:57 a.m. crash happened as the garbage truck was clearing the intersection after having stopped at the stop sign. It states Larsen was traveling at “high speeds and struck the side, rear end, of the garbage truck.”
A drawing included in the crash report indicates that Larsen also had a stop sign and that Larsen’s motorcycle hit the rear left corner of the garbage truck. Larsen’s blood-alcohol level was 0.097, the crash report states. The legal limit to drink and drive in Ohio is 0.08.
The report indicates that Larsen was distracted by “unknown,” while Patrick was “not distracted.” The report describes Larsen’s “condition” as “unknown” and describes Patrick’s “condition” as “apparently normal.”
No charges are on file in Youngstown Municipal Court for Patrick related to the accident.
Larsen was transported from the scene to St. Elizabeth Youngstown Hospital by ambulance but did not survive, Youngstown police reported at the time of the crash.
Jeff Limbian, Youngstown law director, said of the lawsuit, “Out of respect for the grieving family members, we should not litigate this in the press. However, at the conclusion of the (evidence gathering) process, I believe it will be clear the city has no liability in this matter.”
The lawsuit, filed by attorney Martin White of Warren and Matthew Fekete of Youngstown, states Larsen “suffered massive injuries including a fractured skull, traumatic brain injury, multiple fractures to his sternum, ribs, pelvis and right leg and (tearing) of his thoracic aorta.”
Larsen had children ages 4 and 3, it notes.
The suit, assigned to Judge R. Scott Krichbaum, seeks a “judgment against” the city and Patrick “in an amount adequate to compensate” Larsen’s survivors.”
