An undiagnosed problem with severe sleep apnea was used as a driver’s defense in an SUV pedestrian accident civil personal injury lawsuit.

The SUV pedestrian accident lawsuit was filed in Whatcom County Superior Court in Washington State on June 7 by the parents of Michael B.—Michael and Joyce B.

The parents are bringing the SUV pedestrian accident litigation against the Ferndale, Wash. School District and the driver—William K.—who had hit a group of high school students with his car in the early summer of 2015, according to the Bellingham Herald.

William’s car allegedly careened into the students, injuring young Michael and ending the lives of two other students—Shane O. and Gabriel A. William was found not guilty of criminal charges in relation to the SUV pedestrian accident a little over two years ago in May 2016.

Michael’s parents are taking this civil legal step in order to reclaim multiple physical, economic, and emotional losses that their son and they sustained because of the accident and his injury.

The SUV pedestrian accident purportedly led to massive hospital and medical bills in the past and these are expected to continue. Michael has endured pain, suffering, and personal disfigurement due to the event and is expected to have his earning power affected now and in the future as a direct consequence.

Driver Admission

William has claimed previously the SUV pedestrian accident was caused by him falling asleep behind his steering wheel. This nodding off allowed the vehicle to weave into the group of kids which were walking alongside the road.

During his previous criminal vehicular homicide trial, his counsel claimed he had sleep apnea which had remained undiagnosed and grossly interfered with obtaining a good night’s rest.

A Ferndale School district teacher had purportedly taken the group of kids that were on the path of the SUV in question on an impromptu field trip without the awareness of the school administrator or board.

The teacher had allegedly not sent out permission slips to parents in order to have the legal right to take them off campus for the trip. Michael’s parents are holding the school district liable for the failure to properly train their educators in necessary safety procedure.

The parents argue that by failing to follow school district protocol, the teacher put the group of kids in the wrong place at the wrong time without a good supervisory ratio of adults to minors.

The two boys lost their lives prematurely and unnecessarily in this SUV pedestrian accident and Michael as well as one other boy—Kole R.—broke both of their legs and had undefined head injuries.

Michael’s parents further complained that the Ferndale School District did not appropriately respond when the accident occurred. They—along with others—arrived at the high school upon hearing media coverage of the event—and were left unattended and in the dark without any knowledge of whether their son was involved or how he had fared for some time. They purported wondered whether he was alive or dead for some time without guidance or support.