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Judge Orders New Hearing in Negligence Lawsuit Over Fatal Crash

Associated Press

BURLINGTON, Vt. (AP) _ A judge has ordered a new hearing in a negligence suit over a 2001 car crash that killed three people, saying the University of Vermont likely knew that an experimental drug used in a study could make participants sleepy.

Survivors of Kevin Baker, 44, one of three IBM employees killed in the head-on crash in Johnson, are suing UVM. They say researchers were negligent in allowing Theodore Pecor, of Johnson, to drive home after taking buprenorphine, a drug to treat opiate addiction.

Pecor, 30, fell asleep while driving on Vermont 15, crossed into oncoming traffic and struck the vehicle taking the IBM employees to work. He pleaded no contest to three counts of grossly negligent operation with detah resulting and was sentenced to up to 15 years in prison.

Lawyers for UVM have argued that the researchers were not at fault, so the case should be dismissed.

But after the dismissal hearing in March, a former study participant claimed to have told researchers repeatedly in 1998 that the drug made her "groggy" while driving.

Baker family lawyers then asked to reopen the dismissal hearing and include Cathy Morse's testimony. In a six-page decision Monday, Judge Thomas Devine said the hearing should continue with the new information.

"To the extent defendants had notice of unexpected agonist effects occurring past the normal observation period ... such testimony's relevance cannot be denied," the judge wrote. "Agonist" effects include side effects such as sleepiness, the court papers said.

UVM attorney Jeff Nolan said he was satisfied with the court's ruling.

"Judge Devine carefully and thoughtfully addressed the issue before the court," he wrote in an e-mail. "We are satisfied with the court's ruling, and look forward to the decision on the university's pending motion to dismiss the case."

David J. Williams, the Bakers' lawyer, declined to comment.

Baker's family is seeking unspecified damages and legal fees. UVM has denied any wrongdoing.