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June 12, 2008

Father of boy killed in crash files lawsuit

By BOB GIBBINS

TAHLEQUAH DAILY PRESS — The father of a 16-year-old Tahlequah boy killed late last year in a vehicle crash in Glenpool is seeking damages from others involved in the collision.

David Cargill filed a lawsuit Wednesday against Swift Transportation Co. Inc., Jamie Reyes and Wesley Holderbee.

Cargill’s son, Aaron, a passenger in Holderbee’s vehicle, was killed in the crash.

Reyes, a Texas resident, was driving a semi-truck and trailer at the time of the crash at Main Street and U.S. Highway 75 in Glenpool.

On Dec. 28, 2007, Holderbee and Cargill were in an eastbound vehicle on Main Street.

Reyes was exceeding the posted speed limit in a truck owned by Swift Transportation Co., the suit alleges.

The suit also alleges Holderbee failed to yield to oncoming traffic and was otherwise negligent in operating his vehicle.

The suit says Holderbee and Reyes were negligent because of their “violation of applicable traffic laws.”

Cargill’s suit states he’s entitled to damages for funeral and burial expenses; his son’s pain and suffering prior to his death; severe grief as a surviving parent; and destruction of the parent-child relationship.

Cargill seeks actual and punitive damages in excess of $10,000 against Swift, Reyes and Holderbee, court costs, attorney fees and interest. He is represented by Jeremy Thurman, a Tulsa attorney.

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