The Tribune Democrat, Johnstown, PA

January 9, 2010

Driver in fatal Somerset crash facing lawsuit

By BERNIE HORNICK

A Rockwood man cited in an August 2008 crash that claimed the life of a motorcyclist now faces a wrongful death lawsuit.

The wife and daughter of the late Taylor M. Marshall Jr., 69, of McHenry, Md., are suing Andrew R. Pletcher, 21, in U.S. District Court in Johnstown.

Marshall was driving his motorcycle north on Route 281 by the PennDOT shed in Rockwood when a Dodge Intrepid driven by Pletcher crossed the center line, state police said.

“Taylor Marshall pulled his motorcycle to the extreme right-hand side of his lane to attempt to get out of the defendant’s path,” according to the lawsuit.

The suit claims: “However, the defendant continued to travel, for upwards of 5 to 10 seconds, the wrong way in the northbound lane, bearing down on Mr. Marshall and eventually striking Mr. Marshall head on at a high rate of speed.”

Further, the suit says, Pletcher was driving while on medication, a practice that was unsafe.

Marshall was pronounced dead an hour after the crash.

Plaintiffs Barbara A. Marshall, the widow, and Mary Ellen Kline – co-executors of Marshall’s estate, and both from Virginia – filed the claim.

Mother and daughter are seeking unspecified monetary damages.

Pletcher could not be reached for comment.

The office of District Judge Sandra Stevanus of Confluence said Pletcher has paid traffic citations he received for the wreck and knows of no further charges against him.

The office said Pletcher is paid up on 2009 citations for careless driving resulting in death, a lane violation and vehicles impacting while driving the wrong way.

Marshall’s motorcycle insurance company also is being sued in the same action.

The women say the company is responsible for covering costs above the $50,000 limit in Pletcher’s coverage as part of the policy’s underinsured motorist benefits. Marshall and Kline are seeking unspecified damages from the insurance company.