Third teen-ager sues over March accident
SUNBURY - The mother of a third teenager run over by an accused drunk driver in March while walking near Mount Carmel Area Elementary School has filed a civil suit against both the driver and a Coal Township restaurant.
An attorney for Charlotte A. Schultz filed the lawsuit Jan. 15 in Northumberland County Court on behalf of her son, Jarret T. Schultz, claiming negligence against both Victor E. Swaboski III, 39, of 320 S. Beech St., Mount Carmel, and the owners of Brewsers SportsGrille.
The lawsuit mirrors those previously filed by the mothers of Andrew Campbell and Seanna L. Zimmerman.
All three lawsuits claim negligence against Swaboski for his alleged actions and against Brewsers for allegedly serving alcohol to what they claim was a visibly intoxicated person.
They all seek more than $25,000 in compensation.
Mount Carmel Township Police say Swaboski was drunk March 28 when he drove into a group of five teenagers walking on the berm of Locust Gap Highway in Beaverdale.
Swaboski fled the scene and was apprehended a short distance away in a wooded area near his home. Chemical testing after the accident found his blood-alcohol level to be 0.225 percent, nearly three times the legal limit.
Swaboski was an elementary school teacher at Shamokin Area at the time of the crash and has since resigned.
He has contested his arrest and his attorney had three felony counts of aggravated assault dismissed, successfully arguing that injuries to three of the victims did not merit the charges.
Two aggravated assault charges remain, which were filed for injuries suffered by Campbell and Zimmerman. Both teens were flown by LifeFlight helicopter to Geisinger Medical Center, Danville, following the accident.
Schultz, who turned 18 years old after the lawsuit was filed, suffered a chest injury, rib contusions, a knee injury and post-traumatic stress disorder, according to the suit.
Swaboski also faces five felony counts each of flight to avoid apprehension and accidents involving death or personal injury; five misdemeanor counts each of driving under the influence of alcohol and recklessly endangering another person; summary counts of failure to provide information and render aid, reckless driving, failure to drive in a single lane and restrictions on alcoholic beverages.
Campbell, Zimmerman and Schultz were with Tyler Wondoloski and Chelsea Troutman at the time of the accident, and all five suffered varied degree of injuries. All were between the ages of 13 and 18 at the time of the accident.