A Montgomery County Sheriff’s deputy was in a marked sheriff’s office transport van stopped on the side of I-75 South partially in the exit lane as six inmate workers picked up litter on the side of the highway around 11 a.m., when the van was hit by an Aramark box truck in a construction zone.
The box truck driven by 37-year-old Jeffery L. Collins of Dayton got on the Ohio 741 exit ramp and struck the transport van, which was stopped partially in the exit lane with its emergency lights activated, according to a crash report filed by the Ohio State Highway Patrol’s Dayton Post, which investigated the crash.
The impact forced the van to strike Tufano, who in turn knocked over three other inmates before he hit the guardrail. The van also struck the guardrail, the report stated.
Tufano was pronounced dead at the scene. John C. Riggs, 47, of Dayton, was taken to Miami Valley Hospital with serious injuries. Donald Fugate of Kettering, Jeremy Wilken of Butler Twp., both 43, and deputy Robert Akemon each suffered minor injuries and also were taken to Miami Valley Hospital.
The report indicated Collins was following too closely and that he was distracted by something in the vehicle. No charges have been filed.
Credit: Nick Graham
Credit: Nick Graham
The lawsuit filed July 14 on behalf of Tufano’s estate by administrator Andrew Tufano, son of the slain inmate, names Aramark Uniform & Career Apparel, Gelco Fleet Transport, Jeffery Collins, Ruhlin Company, Robert Akemon, Montgomery County Sheriff and Montgomery County commissioners as plaintiffs in the case. The estate is seeking a judgment against the defendants in an amount that exceeds $25,000 plus interest, court costs and other relief for each of 17 causes of action.
“Defendant Collins’ negligence was the direct and proximate cause of Plaintiff Tufano’s injuries and ultimate death,” the suit stated, citing Collins’ failure to maintain proper speed, to control his vehicle, to maintain his lane of travel, to bring his vehicle to a stop and to properly look.
The lawsuit also claimed that the driver’s employers Aramark and Gelco Fleet Transport negligently entrusted Collins and should have known he “was unskilled and/or incompetent to operate a motor vehicle.”
Ruhlin was one of the contract companies on I-75, working near mile marker 51, and according to the lawsuit, was negligent in the construction maintenance, supervision and control that created the construction zone traffic.
Montgomery County Sheriff Rob Streck and Akemon were responsible for Tufano while he was on the work detail, but the lawsuit claimed they “acted willfully and wantonly by exposing the deceased and other inmates to the grave danger of being struck by an automobile and truck along I-75 in a construction zone while having the deceased and other inmates collect trash on and along this highway.”
Attorneys for Ruhlin Company requested that the court dismiss the complaint against them, for reasons including that Tufano’s death and any damages are the result of independent acts of third persons.
Montgomery County Prosecutor Mat Heck Jr. filed a response Aug. 16. It asked the court to dismiss the complaint against the county personnel, saying they “did not perform any wrongful acts, including but not limited to any negligent, knowing, or purposeful acts with malicious purpose, in bad faith, intentionally, recklessly, willfully, or wantonly.“ Also, state law immunity may bar or limit any alleged damages, he wrote.
Despite multiple attempts, Collins had not been served with the lawsuit as of Aug. 31, and Aramark requested that the court allow them to respond to the complaint by Sept. 13, court records show.
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