Lawsuit: FedEx truck driver's headphones may have contributed to deadly 2020 Pa. Turnpike crash involving tour bus
Oct. 26—If a FedEx truck driver hadn't been wearing noise-canceling headphones, he might have avoided crashing into an overturned tour bus in January 2020 as part of a Pennsylvania Turnpike wreck that killed five people and injured 14 in Westmoreland County, according to a civil lawsuit.
The complaint, filed in Philadelphia Common Pleas Court, names as defendants Z&D Tours Inc., which operated the tour bus, and FedEx Ground Package System Inc., whose tractor-trailer struck the bus after it rode up an embankment and crash onto the roadway.
The lawsuit alleges FedEx driver Brandon Stowers was wearing headphones when he hit the bus that had rolled onto its side, causing catastrophic injuries and death to the passengers inside. Had Stowers not been wearing a noise-canceling headset, he would have heard alerts from FedEx's built-in alarm system warning him that an object was in the roadway ahead, the lawsuit states.
Attorney Edward Ciarimboli of Fellerman & Ciarimboli Law in Kingston filed the 91-page lawsuit on behalf of the estates of Eileen Zelis Aria, 35, of Bronx, N.Y.; Jaremy Vazquez, 9, of Brooklyn, N.Y.; and UPS driver Dennis Kehler, 48, of Lebanon, three of the people who died in the crash, along with 14 injured passengers. Ciarimboli noted that it is illegal for drivers in Pennsylvania to wear noise-canceling headsets while driving.
"We have dashcam video of Stowers wearing the headphones," said Ciarimboli, a Greensburg native.
"FedEx was previously sued in August 2017 for another driver utilizing a noise-canceling headset while operating its tractor-trailer causing catastrophic injuries of an innocent third party. FedEx consciously chose to allow its drivers to utilize noise-canceling headsets although they knew it was against Pennsylvania law," he said. "As a result of FedEx's reckless behavior, additional lives have been taken and more catastrophic injuries have occurred."
On Tuesday, Meredith Miller, a FedEx manager of external communications in Moon, released a statement from the company denying the allegations made in the lawsuit.
"There is no higher priority for FedEx than safety, and our thoughts and condolences remain with the individuals and families of those involved in this tragic accident. The allegations against FedEx Ground and Mr. Stowers are without merit and we intend to defend our position should this matter proceed," the statement said.
A phone number for Z&D did not work Tuesday.
The lawsuit also alleges that the bus driver, Shuang Oing Feng, 58, of Flushing, N.Y., was negligent. Feng was among five people who died in the crash.
"At all relevant times, Mr. Feng failed to adjust his speed to match the conditions on the roadway ahead," the lawsuit states.
The crash occurred about 3:30 a.m. Jan. 5, 2020, near mile marker 86 in Mt. Pleasant Township.
The bus, which was carrying 62 passengers, had been traveling west from New York City to Cincinnati.
The National Transportation Safety Board's investigation into the crash could be completed by early next year. Investigators are trying to determine what caused the bus to lose control.
The bus veered toward the median in the middle of the turnpike, then swerved right, crossing all travel lanes and hitting a steep embankment, according to the NTSB preliminary report. State police said the bus hit the center barrier before swerving right, but the preliminary NTSB report did not include that detail.
The bus rolled onto its passenger side after hitting the embankment and slid to a stop on the road. It stretched diagonally across the westbound lanes, with its underside facing oncoming traffic, according to the report.
Ciarimboli said the Philadelphia court has jurisdiction because the bus company and FedEx conduct business in that area.
Other civil damage lawsuits against the bus company and FedEx are pending in Superior Court in New Jersey and U.S. District Court in Pittsburgh.
Paul Peirce is a Tribune-Review staff writer. You can contact Paul at 724-850-2860, ppeirce@triblive.com or via Twitter .
