Commissioners pursue subrogation claim

Feb. 12--Muskogee County commissioners plan to pursue a litigation strategy in an effort to recoup losses resulting from a Carter County collision involving a prisoner transport van and tractor-trailer rig.

The collision occurred July 15, 2016, and resulted with three of four passengers in the prisoner transport van being treated for injuries at an Ardmore hospital. A collision report compiled by the investigating trooper shows the Muskogee County Sheriff's Office transport van was struck when the driver of a tractor-trailer rig with faulty signals made a wide "hard right turn."

District 1 Commissioner Ken Doke said the county's insurer already has paid for the property damage to the transport van. The lawsuit, he said, is an attempt to recoup the amounts paid by the county as its deductible and what the plan paid for property damage incurred by the sheriff's office and county" as a result of the collision.

"We are wanting to subrogate and go back and recover those funds from the company that caused the accident," Doke said. "So far, that company is not agreeing to pay, so we are looking at bringing action against them to collect (for the property damage) and recover our deductible."

Trooper Jack Walter states in his collision report the driver of the tractor-trailer rig "had entered a wide right turn" while "straddling the center line" of the westbound lanes of U.S. 70. Deputy Timothy Everett reportedly was driving slightly behind the tractor-trailer rig in the outside lane when the turn was made and the prisoner transport van was struck and forced off the north side of the highway.

The investigating trooper states in the report a post-collision inspection determined the right-turn signal on the trailer was inoperative when the driver of the rig made the turn. The trooper attributed the collision to an improper right turn made Jon Krapu, who was driving the rig owned by CP Energy.

Doke said the named defendants will include Krapu, CP Energy LLC and the United States Fire Insurance Co. The subrogation claim will be prosecuted by Collins Zorn & Wagner P.C., an Oklahoma City firm that represents counties insured through plans offered by the Association of County Commissioners of Oklahoma.

Reach D.E. Smoot at (918) 684-2901, @dsmootMPhx or [email protected].

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