June 5th, 2008 | by Jason Howd News | Posted In: CLEAN UP, Cops and Courts, CLEAN UP

Update: Family of Fallen Cyclist Brett Jarolimek Files Wrongful Death Lawsuit

     
Tags: bicycling
Brett Jarolimek

On June 4, the family of cyclist Brett Jarolimek, killed in October 2007, filed a wrongful death lawsuit against the employee of the driver involved, AGG Enterprises, and the driver himself, 40-year-old Oregon City resident Bryan S. Lowes.

Jarolimek, a 31-year-old expert cyclist who died after colliding with an AGG Enterprises garbage truck at North Interstate Avenue and Greely Street on Oct. 22 of last year, was an employee of the Bike Gallery and was one of several cycling deaths in Oregon that catalyzed a push for statewide roadside signs memorializing bicyclists killed by motor vehicles.

The lawsuit alleges Lowes and AGG were negligent with the cause of Jarolimek's death by details such as; failing to yield to a bicyclist in a bike lane; failing to maintain proper control of the vehicle; that the truck had a poorly attached passenger side mirror and a partially obscured windshield; excessive driver work hours and allowing Lowes to operate said vehicle while taking the prescription anti-anxiety medication BuSpar (known for causing drowsiness).

The lawsuit also faults AGG for hiring Lowes in the first place because he had “numerous motor vehicle violation convictions, driver's license suspensions and revocations.” In the lawsuit, Lowes is reported to have been convicted for felony possession of a controlled substance, caused another accident in 2005 while driving an AGG truck, and was improperly screened by AGG before hiring.

The family of the fallen cyclist is suing AGG and Lowes for $1.5 million in Multnomah County Circuit Court. WWire was not able to reach Jarolimek's family for comment, and calls to attorneys were not returned.
 
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