Suit claims construction company should have known driver represented a risk
The families of five Calgarians killed in a 2007 crash are suing the driver and his employer.
Daniel Tschetter was driving the cement truck that crashed into the back of a car in Calgary on Dec. 7, 2007, killing three children and two adults.
Tschetter was found guilty of five counts of manslaughter and sentenced to more than five years in prison.
The surviving parents of the children have filed a suit with the Alberta Court of Queen's Bench, suing Tschetter and his employer C & J Construction for more than $3.5 million for lost income, post-traumatic stress disorder and psychological injury. The estates of the deceased are also listed as claimants.
According to the statement of claim, which hasn't been proven in court, Tschetter was criminally negligent while his employer should have known his employee was unstable and likely to pose a risk to other drivers.
Tschetter had an "extensive record of past traffic infractions" and was let go from his previous job after getting into a crash with his cement truck, according to the statement of claim.
The company should have had appropriate safety policies in place, supervised Tschetter and not allowed him to modify gauges and settings in the truck's cab, it states.
The lawsuit also accuses the company of supplying or allowing Tschetter, a recovering alcoholic, to transport open and partially consumed bottles of alcohol.
