According to reports out of eastern Oklahoma, Cherokee County officials are being sued for negligence after five Northeastern State University students died when their vehicle careened off of Welling Bridge and landed in the creek on Sept. 17, 2017.
The Oklahoma Office of the Chief Medical Examiner determined drowning as the probable cause of death for Donovan Zachariah Caldwell, 18, of Muskogee; Jessica Elaine Swartwout, 18, of Indianola; Drake Austin Wells, 19, of Thackerville; Lily Marie Murphy, 18, of Gentry, Arkansas; and Rhianna Autumn Skye Seely, 18, of Salina.
According to reports, all five students tested negative for the presence of alcohol or drugs at the time of death.
Court documents indicate that as the driver, Caldwell, approached Welling Bridge, his vehicle veered to the right, striking a large pipe that had been placed by the county.
The plaintiffs allege that the vehicle traveled on top of the pipe, causing Caldwell to steer to the left in attempt to regain control of his vehicle. That act resulted in the vehicle's striking the railing on the opposite side of the bridge. The railing then gave way and the vehicle plunged into the creek.
The truck fell approximately 35-feet before landing upside-down in the river, and it was fully submerged in the water when officers found it. All occupants were pronounced dead at the scene.
The suit was filed March 1 by Donald Wardlow, administrator of the estate of Donovan Zachariah Caldwell; Carrie Murphy, administrator of the estate of Lily Marie Murphy; Jacqueline Turnbull, administrator of the estate of Jessica Elaine Swartwout; Ladonna Jean Wells and Damon Lynn Wells, co-administrators of the estate of Drake Austin Wells; and Latasha Duncan and Charles Seely, co-administrators of the estate of Rhianna Autumn Skye Seely.
According to the petition, the plaintiffs filed a timely notice of claim with the county on Aug. 14, 2018, but the county did not respond.
The plaintiffs claim the county was negligent and that officials had direct knowledge that the bridge rail in question had been damaged prior to the Sept. 17, 2017, crash, showing indications of previous welding and other work.
They also accuse the county of being negligent in allowing a large water pipe to be placed on top of the bridge.
Court documents indicate the plaintiffs "pray for damages related to the survivors of each of these decedents; for burial expenses, and other damages as allowed under Oklahoma law." The plaintiffs are represented by attorney Micky Walsh of Walsh & Franseen, of Edmond.
