Teen files suit over 2009 wreck

The Evergreen teenager charged with deliberate homicide in the traffic deaths of Erin Thompson and Caden Odell has sued Thompson's estate and the construction company that built the U.S. 93 interchange at Church Drive, where the accident occurred.

Justine Winter, 17, and her father, Randy Winter, filed suit in Flathead County District Court on July 15 against Knife River Corp., Western Traffic Control Inc., Mountain West Holding Co. and the estate of Erin Thompson. The complaint lists Thompson's husband, Jason Thompson, as personal representative of the estate.

Winter was charged with two counts of deliberate homicide in September 2009 by the Flathead County Attorney's Office. Winter was 16 at the time of the collision but was charged as an adult. If the case is prosecuted in Youth Court, Winter will face a maximum sentence of eight years. As an adult, she could receive a life sentence.

Thompson, 35, and Odell, her 13-year-old son, both of Columbia Falls, died at the scene of the head-on wreck. Thompson, who worked at Sage Spa & Salon and was well known in the Whitefish community, was four months pregnant at the time.

According to initial court documents, Thompson and Odell were returning to Columbia Falls about 8:30 p.m. after attending a middle school concert in Kalispell. Investigators concluded that Winter's southbound Pontiac Grand Am crossed the centerline and hit Thompson's Subaru Forester at about 85 mph.

They also believed Winter had argued earlier in the day with her boyfriend, Ryan Langford, and Winter may have concluded they were going to break up. This conclusion allegedly provoked Winter into driving into oncoming traffic in a suicide attempt. Text messages between Winter and Langford prior to the accident were presented by the prosecution during a pre-trial hearing as proof of this theory.

Winter's lawsuit, however, alleges that Thompson negligently operated her vehicle in a manner that caused it to collide with Winter's vehicle. The lawsuit was filed with Flathead County District Court Judge Katherine Curtis, who presided over Winter's pre-trial hearing and has yet to rule whether Winter will face trial in juvenile or adult court.

Winter further alleges that Knife River, which was in charge of the overpass construction, along with Western Traffic Control and Mountain West Holding Co., negligently failed to adequately construct and maintain traffic-control devices and signals, including lighting, lane delineators and reflective markings. The area wasn't properly marked or striped, the lawsuit claims.

Scott Curry, a self-employed engineer, testified as a defense witness during the pre-trial hearing that there were no stripes or fog lines on the overpass when the collision occurred. He also maintained there is no evidence that Winter's vehicle was in the northbound lane when it crashed.

Winter's lawsuit also notes that the teenager suffered permanent and continuing injuries, along with mental pain and suffering and the loss of capacity to enjoy life. It cites future loss of income and past, present and future medical expenses. Winter is seeking a judgment against the defendants for damages, costs, pre-judgment and post-judgment interest and other relief deemed appropriate.