Man alleges friend left him in critical condition to conceal drunk driving

By Kelly Holleran | Nov 1, 2012

A man claims his friends allowed him to remain in a critically wounded condition after he was ejected from a vehicle that an allegedly intoxicated driver was operating.

Dylan Lundy filed a lawsuit Oct. 23 in Jefferson County District Court against Curtis Thorpe and Colby Denbow.

In his complaint, Lundy alleges he decided to go on a weekend hunting trip with Denbow, one of his long-time friends, on premises near Fredricksburg. While on the trip, Lundy and Denbow decided to take a Jeep owned by his step-father, Thorpe, to a restaurant located in Fredricksburg, a 15-mile drive, according to the complaint.

While in Fredricksburg, Denbow elected to start drinking alcoholic beverages and became intoxicated, the suit states. From there, he and Lundy got in the Jeep, which had no doors, to head back the property, the complaint says. However, on the way home, Lundy claims an accident occurred.

“While operating defendants’ Jeep, defendant, Colby Denbow, suddenly and unexpectedly swerved to the left in the fork of the road causing plaintiff to be ejected and run over by the defendant, Colby Denbow, causing serious injuries and damages,” the suit states. “Defendants failed to timely alert authorities of the incident in effort to evade determination of defendant’s blood-alcohol level in a timely manner.”

By the time help arrived, Lundy had to be life-flighted to Brooke Medical Center, where he remained for 21 days.

Lundy claims Denbow should never have been allowed to use his step-father’s Jeep because Denbow had already gotten into a collision with a neighbor’s Jaguar, which caused tens of thousands of dollars of damages.

Because of the incident, Lundy sustained severe injuries, including burns and road rash to his face, back, spine and upper torso, according to the complaint.

He also incurred medical costs, lost earnings, experienced physical pain and suffering, endured mental anguish and physical impairment and suffered physical disfigurement, the suit states.

Lundy blames Denbow for causing the collision, saying he negligently allowed the vehicle to operate on public roads without doors, failed to implement a policy that would prohibit the Jeep from driving on the roads, failed to install doors on the Jeep before driving it on the road, failed to keep a proper lookout and failed to drive at a reasonable speed.

In his complaint, Lundy seeks actual damages, plus pre- and post-judgment interest, exemplary damages, costs and other relief the court deems just.

Gilbert T. Adams of the Law Offices of Gilbert T. Adams in Beaumont will be representing him.

Judge Milton Shuffield, 136th District Court, has been assigned to the case.

Case No. D193-397

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