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February 20, 2009

Driver, father in DUI crash sued by survivor

By BOB GIBBINS

TAHLEQUAH DAILY PRESS — A survivor in a DUI fatality crash is suing the driver and his father for damages.

Chandon Degase suffered internal injuries in a May 6, 2007, crash that killed Marissa Hardman. Degase and Hardman were passengers in a vehicle driven by Christopher M. Hembree, who is serving 10 years in prison on a first-degree murder conviction. Hembree and his father, Larry, are listed as defendants in the Degase suit.

The crash occurred near Oakdale Drive and East Cobb Corner Road. According to the suit, Hembree was speeding when he lost control and rolled the vehicle. Degase was ejected from the vehicle.

The suit alleges Degase suffered “temporary and permanent injuries, pain of body and mind,” and medical expenses for the care and treatment of the injuries.

It also alleges Hembree acted “in -tentionally, maliciously and with reckless disregard,” and engaged in life-threatening conduct leading to Degase’s injuries.

The suit states Degase is entitled to damages that may be assessed as punishment. It claims Larry Hembree negligently entrusted his son with his vehicle, knowing that Christopher had a history of heavy drinking and intoxication and was a careless and negligent driver.

Degase is seeking damages in excess of $10,000 from both Christopher and Larry Hembree.

Degase is represented by Donald E. Cummings and Jason Dennis.

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