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38 °F Forecast | Road Cams Sunday, March 6, 2005 Today's News | Classifieds | Autos | Homes | Jobs | Tempo | Health | Community | Home Delivery SECTIONS Home Page Local News Sports Business Obituaries Life Opinion Tempo AP News Weather Classified Archives Site Map SPECIAL SECTIONS Since We Asked Outdoor Journal Menu Guide How To Guide Health Readers' Choice Real Estate Showcase Real Estate Guide Joy Magazine Homelife Magazine Wedding Guide Passport to the Rogue Valley SHOP OUR VALLEY AutoFinder HomeFinder JobFinder Classified Place an ad TOP JOBS EXTRA NIE Personals Movie Times TV Times E The People Volunteer Moving here? eSouthernOregon CUSTOMER SERVICE FAQ's Advertise with us Home Delivery Employment Contact Us Media Kit Oregon Road Conditions & Cams Email Story to a Friend January 10, 2005 %%$$cutline$$%% Parents file suit against driver whose truck killed daughter By SARAH LEMON Mail Tribune Almost two years after their daughter was killed by a passing pickup truck in front of their home, a Medford couple has sued the driver. Ed and Carroll Aguirre allege neighbor Russell Wimmer negligently caused the death of their 10-year-old daughter Michelle and injured their daughter Hollie, now 9. Wimmer was driving at an excessive speed, failed to keep a proper lookout and failed to avoid the collision on Jan. 26. 2003, according to documents filed Tuesday in Jackson County Circuit Court. Police said Wimmer’s Ford F-350 pickup truck struck Michelle and Hollie when the girls rode a skateboard down their driveway and into West Griffin Creek Road. His truck traveling at about 40 mph, Wimmer swerved toward the driveway, thinking the girls would continue across the asphalt. But the kids turned toward the truck, which rolled, pinning Michelle underneath, police said. Wimmer was found not at fault in the accident. But the Aguirres say Jackson County sheriff’s deputies conducted an improper crash investigation. The believe their surviving daughter, who said she and her sister were never in the road. The pickup swerved into their driveway for no reason, said 55-year-old Ed Aguirre. "I want truth and justice to prevail," he said. Advertisement Family members said the girls liked to ride down the driveway but always dragged their feet in the gravel to stop before they reached the road. The Aguirre children were forbidden to play in the street after their brother, Jed, was killed in 1990 when he darted in front of a pickup truck on South Pacific Highway near Phoenix. His death also was ruled an accident. The Aguirres are asking for a judgment of more than $2.5 million against Wimmer for Michelle’s death, including $4,984 for her funeral. They also want nearly $400,000 in compensation for Hollie’s injuries and emotional distress. Hollie was hospitalized for three days following the crash at Oregon Health and Science University in Portland, where she was treated for injuries to her liver, face and spine. Wimmer, who lives in the 5400 block of West Griffin Creek Road, did not return messages seeking comment. Reach reporter Sarah Lemon at 776-4487, or e-mail [email protected] . Mail Tribune Home | Local News | Sports | Business | Obituaries | Life | Opinion AP News | Archives | Site Map | Community | Classified Copyright © 1997-2005 Mail Tribune, Inc. All rights reserved. Privacy Policy | Terms & Conditions | Website Feedback Student Loan Consolidation Conference Calls - $50/Month Home Security Systems Trunks, Footlocker, Trunk, Footlockers home equity loans helzberg Slippers Student Loans afsa teleconferencing Memory Foam Mattress Advertisement s