Testimony continues in fatal-crash civil suit

Oct. 17--WILKES-BARRE -- The Pennsylvania Department of Transportation made its defense Thursday in Luzerne County Court.

PennDOT is a target in a civil trial that alleges better signage indicating a turn could have prevented the death of 15-year-old Kayla Marie McGrady.

McGrady was killed in January 2011 when a car she was travelling in lost control and flipped on Suscon Road, in Pittston Township.

Scott Smith, the unlicensed driver of the car, admitted to homicide by motor vehicle and other charges in February 2011, and is to remain in programs at Alternative Rehabilitation Communities Inc. until the age of 21.

Smith, now 18, was the defense's first witness. He spoke in no uncertain terms about his role in the crash.

"I've accepted responsibility since the first day," he said from the witness stand.

Smith said he does not know how fast he was going when he entered the turn where the crash occured, but he said he has no reason to dispute the 77 mph figure arrived at by state police.

He agreed it was only speed that caused him to lose control of the Mitsubishi Eclipse he was driving, and said he could see the double yellow lines, the fog line and the posted 45 mph speed limit sign.

Cpl. Tracy Flynn, the state trooper who investigated the accident, also testified.

In his report, Flynn testified, he concluded there was nothing improper about any painted lines, and said the section of road is clearly marked as a 45 mph zone.

"In my opinion, this collison occured as a result of Mr. Smith operating the vehicle at 77.97 miles per hour," Flynn said.

Civil engineer and accident reconstruction expert Joseph Fiocco took the stand as an expert witness for PennDOT.

Under cross-examination of his credentials, he revealed PennDOT, his former employer before entering the private sector, was paying him $185 an hour for his testimony. Fiocco said he had invoiced as much as $11,000 to the department.

He also said he has never testified against PennDOT.

Tammy Coburn, mother of the late McGrady, filed the three-count suit in 2012, originally targeting PennDOT, Pittston Township, Smith and his father David Snyder.

An order filed in 2011 ordered Smith's insurance companies to pay $75,000 to another teen injured in the accident.

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