Original Altoona police report available at link
The family of the 15-year-old boy seriously hurt when he was hit by a SUV while crossing 17th Street in September has filed suit against the driver, the church where the victim was attending a concert and the concert promoters.
Plaintiff Lisa Clapper and son Steven Weidlich allege that driver Linda Weakland of Cresson was speeding, didn't have her lights on after dark and fled the scene, allegations that contradict what police said of the crash.
The lawsuit also alleges that Jaggard United Methodist Church, the Methodist Conference that it's part of and promoters JoAnn Wapner and son Ryan were negligent not to put an end to concert-goers crossing 17th Street to access a Sheetz convenience store on a stretch prohibited to pedestrians.
The Wapners and church pastor, Evie Madison, previously said they and security guards hired for the concerts urged attendees not to cross the street.
They also said they provided refreshments at the church, although they couldn't compete with the variety available at the convenience store.
The lawsuit asks for money to compensate Steven for brain injuries that "will continue to render him incapacitated for the course of his life."
Steven will never be able to work and will need continuous care to assist with daily activities, the lawsuit states.
Steven was in a coma at Pittsburgh medical centers for several weeks after the incident.
In December, he was transferred to HealthSouth Rehabilitation Hospital for therapy, learning to walk again.
He's home now, but his injuries are "catastrophic" and "permanent," family lawyer Tom Crenney said.
Weakland didn't return a call for comment.
Pastor Madison and Central Pennsylvania Conference Communications Director Jerry Wolgemuth said they could not comment, and Ryan Wapner also would not comment.
Asked about the allegations against Weakland, Crenney said "there's a reasonable basis for believing the things averred."
It would be "very superficial to assume it was all [Steven's] fault," Crenney said.
He talked to a crash witness whose story matches that of a witness as detailed in the police report.
According to the police report, that witness stood with Steven on the median, looked both ways and saw no traffic, then watched Steven cross, preferring herself to check one more time.
The SUV seemed to appear suddenly from the area of the nearby U-Haul lot, according to the witness.
The driver of the SUV then fled up 17th Street, disappearing past the Pleasant Valley Recreation Center, according to the witness.
That witness's account, however, is at odds with the police account.
After the crash, city police investigator Dan DeAntonio said, "It looks like [Steven] ran out into traffic."
Steven appeared so suddenly in front of the driver that she had no chance to brake, DeAntonio said in the report.
DeAntonio didn't cite or charge the driver, but he cited Steven for an illegal crossing.
In the report, DeAntonio said, "The pedestrian was struck by [Weakland's vehicle] as the pedestrian ran eastbound from a concrete median and into its path."
A motorist who immediately preceded Weakland on that stretch of highway passed several youths on the median, then heard the noise of the crash just after she went by, the report states.
Weakland told police that "she had no time to react," according to the report.
After the accident, Weakland pulled over immediately, according to the motorist who preceded her, the police report stated.
Crenney said he won a $3.9 million verdict in a vehicle rollover case in Charleston, S.C., and settled an exploding tire case in Pennsylvania that resulted in brain injury for $3.8 million.
Crenney said Clapper approached him to represent her.
The lawsuit asks for a succession of $25,000 in awards, but that is only to qualify the case for a jury trial and doesn't reflect the amount of compensation the family may be willing to accept, Crenney said.
Mirror Staff Writer William Kibler is at 949-7038.
