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Whatcom County Courthouse (July 29, 2016). My Ferndale News file photo

Smith Road crash victim’s family names driver and Ferndale School District in lawsuit

A lawsuit was filed in Whatcom County Superior Court last month by the family of one of the students injured when a car jumped the curb and hit a group of Windward High School students on June 10, 2015.

Killed as a result of the crash were Gabriel Anderson and Shane Ormiston. Kole Randall and Andy Brewster were seriously injured. All were Windward students at the time.

Michael and Joyce Brewster filed the lawsuit naming the driver, William Klein, and the Ferndale School District (FSD) as defendants claiming they were jointly responsible for the injuries to their son, Andy Brewster. Andy was 17-years-old at the time of the incident.

According to the complaint filed with the court, the teacher and 25 students from a gym class should not have left the gym and been walking along W Smith Road since the teacher had not followed FSD’s procedures for taking the students off the Windward High School campus at Northwest Drive and W Smith Road. The complaint also cites a lack of sufficient adult supervision for the group as required by the FSD during field trips off school grounds.

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Klein is said in the complaint to have “veered onto the sidewalk and struck all four of them with great force and violence.” The crash occurred near Graveline Road, approximately 1,000 feet from the campus. The group were reportedly in the process of returning to the school.

The complaint says Andy suffered injuries to his left leg, head and hands.

Damages sought in the lawsuit include Andy’s past and future medical costs, his pain and suffering, past lost wages and lost future earning capacity.

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Neither FSD or Klein have responded to the lawsuit yet.

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