MONTGOMERY COUNTY — The family of a Montgomery County Jail inmate hit and killed while on a work detail on Interstate 75 has now filed a wrongful death lawsuit.
The 29-page lawsuit filed in July filed by the family of Tim Tufano names county commissioners, the Montgomery County Sheriff, the deputy driving the transport van, plus the truck driver who hit the van.
>>PHOTOS: ‘Major accident’ with several injuries shuts-down southbound I-75 for hours
The deadly crash happened almost a year ago, on Oct. 3, 2022, on I-75 southbound in Moraine. Tufano and several other inmates were part of a roadside trash pick-up detail. Jeffery Collins, driving an Aramark box truck hit a Sheriff’s transport van parked partially on the exit ramp.
The impact pushed the van into Tufano, killing him.
The lawsuit claimed Collins “failed to maintain a proper speed; he failed to control his vehicle; failed to maintain his lane of travel; failed to bring his vehicle to a proper stop; he failed to properly look; and was otherwise negligent.”
It then detailed complaints about the deputy driving the transport van, stating Deputy Robert Akemon “was unskilled and/or incompetent to operate a motor vehicle.
Only two parties have replied to the lawsuit, so far, in court.
>> PREVIOUS COVERAGE: Dayton man hit, killed on I-75 while working on jail inmate litter crew ‘a family man,’ son says
The Montgomery County Prosecutor’s Office responded on behalf of the county, Sheriff Streck, and Deputy Akemon. They wrote repeatedly that “Montgomery County defendants are without sufficient knowledge or information to form a belief as to the truth of the allegations and deny the same.”
The construction contractor named in the lawsuit, The Ruhlin Company, wrote, “Defendant admits it was a contractor performing work on I-75 near mile marker 51.” They also denied “each and every other allegation” in the complaint.
News Center 7 reached out to Aramark Thursday and received a statement in the afternoon saying, “We send our heartfelt condolences to the Tufano family, but we are unable to comment on pending litigation.”
No trial date has been set as the replies to the lawsuit come in to the court from groups named by the family.
© 2023 Cox Media Group
