The brother of a 64-year-old Morgantown man killed in a motorcycle crash in July has sued the Pennsylvania man police said was at fault for the fatal wreck.
Mariana S. Tubolino, brother and administrator of the estate of John Tubolino, filed the lawsuit against Zachary Tyler Duritsky in Monongalia County Circuit Court last week.
In September, the Morgantown Police Department charged Duritsky with failing to yield the right-of-way, driving without insurance, driving on a suspended or revoked license and improper registration.
About 2:40 p.m. July 20, Duritsky, driving a 2002 BMW, failed to yield the right-of-way, which caused the “violent crash” with John Tubolino’s 2011 Harley-Davidson, according to the lawsuit.
The lawsuit quotes the MPD’s traffic crash reconstruction report, which states, “it cannot be conclusively inferred that the speed of the motorcycle was a factor in this collision.”
Duritsky violated several duties, such as driving without a license and not driving safely and, according to the suit, Tubolino died as a direct result of those violations.
The suit seeks to recover costs for Tubolino’s burial, memorial and funeral as well as medical expenses related to the injury.
It also seeks compensation for the loss of services Tubolino would have provided, such as guidance, companionship and household chores. It also demands compensation for the pain and suffering Tubolino experienced between the time of the crash and his death.
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