California couple sues trucking company over Las Vegas highway death

A Californian couple sued West Side Transportation Inc., West Side Transport Inc., West Side Unlimited Corp. and its employee Terry Kerner, alleging his negligent driving caused the death of their children, Michael and Sandi Potter.

In a Clark County District Court suit, plaintiffs John and Linda Potter and their surviving daughter Teri Potter allege Kerner, who was driving a 1991 Freightliner tractor pulling a 1953 box trailer north of the Las Vegas Motor Speedway exit on Sept. 12, 1997, plowed into the rear of a 1979 Volkswagen van being driven by Michael Potter.

Sandi and Teri Potter were passengers in the van.

The suit said the van burst into flames as a result of the impact and Michael and Sandi were killed, while Teri suffered serious injuries including a fractured ankle and multiple burns when she was thrown out of the van.

The suit alleged Kerner violated Federal Motor Carrier Safety Regulations when he allegedly exceeded the allowed hours of driving and allegedly intentionally manufactured false logs to create an impression of compliance with the driving-time limitations.

"We deny Kerner was the cause of the accident and we have alleged in our answer in court that Michael Potter was responsible for the accident, and according to the Highway Patrol report, he was going at 40 miles an hour in a 75 miles-a-hour zone," said West Side Transportation's legal counsel, Bruce Dickinson. "The plaintiffs have also dismissed the allegations on the false logs."

West Side is based in Cedar Rapids, Iowa.

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