OKLAHOMA CITY, OKLAHOMA — The family of an Oklahoma Highway Patrol trooper killed in a deadly Interstate 35 crash earlier this month has filed a wrongful death lawsuit against the trucking company and driver involved in the incident.
Trooper Vernon Brake, 61, died on April 8 while on duty. His widow, Melissa Brake, now alleges that Matthews Trenching Co. and truck driver Harley Gene Rousseau were negligent and that their actions led to the crash that killed three people.
Lawsuit Filed Over Deadly I-35 Crash
The collision happened around 11:30 a.m. on April 8 on Interstate 35 near Hefner Road.
According to Oklahoma Highway Patrol, Mercedes Bayne, 36, was traveling southbound when traffic cones or other cargo fell from a vehicle owned by Matthews Trenching Co. and driven by Rousseau. Investigators believe Bayne tried to avoid the debris, swerved, crossed the center divider or cable barrier, and struck Brake’s northbound patrol vehicle.
Trooper Brake, Bayne, and Bayne’s young daughter were all pronounced dead at the scene. One report identified the child as Bayne’s 4-year-old daughter, while another identified her as her 5-year-old daughter, Ariana.
Brake is survived by his wife and two children.
Widow Alleges Negligence by Company and Driver
The lawsuit was filed April 21 in Oklahoma County District Court. Melissa Brake is being represented by Oklahoma City personal injury attorney John Branum.
According to the filing, the cargo that fell from the Matthews Trenching Co. vehicle included cones or other material, and that debris created the chain of events that resulted in the fatal crash.
The lawsuit alleges general negligence by the trucking company and Rousseau. The filing also states that the damages suffered by Brake’s widow and beneficiaries go beyond the company’s insurance coverage and assets.
Melissa Brake is seeking more than $75,000 in damages.
Judge Orders Evidence Preserved
District Judge Anthony Bonner granted emergency restraining and preservation orders requiring the trucking company to preserve all evidence connected to the April 8 collision.
According to the order, the defense indicated the vehicle involved had already been returned to regular service after the crash.
Oklahoma Highway Patrol has said the truck driver and the company have been cooperative with the investigation.
Attorney John Branum declined further comment.
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