The family of a Scottsdale entrepreneur killed in a crash on Loop 101 in April is suing the Arizona Department of Transportation, claiming faulty median cable barriers are to blame for his death.
The lawsuit, filed in Maricopa County Superior Court last week, also names Clifford J. Lomahaftewa Jr., the man whose vehicle crashed into Terry Dunlap’s at the interchange of Loop 101 and McKellips Road in the Salt River Pima-Maricopa Indian Community.
Dunlap, 61, co-founder of Scottsdale-based Go-Video, was southbound on Loop 101 on April 22 when Lomahaftewa’s vehicle crashed through the cable barriers and into Dunlap’s car, court documents show.
Dunlap’s widow, Ann, also was seriously injured in the crash and has been recuperating.
ADOT was named in a complaint that was an amendment to the initial lawsuit filed by the Dunlap family.
Attorney Michael Poli filed the first lawsuit in June against Lomahaftewa on behalf of Ann Dunlap and sons Cortt and Rhett Dunlap.
The new lawsuit also is seeking compensation for Terry Dunlap’s death and the serious injuries Ann Dunlap suffered in the crash.
Go-Video produced dualdeck videocassette recorders, which Dunlap invented in 1986. Dunlap left the company in 1994, and Go-Video later changed its name to Sensory Science Corp.
“We truly believe these types of cable medium barriers they put up are not a safe way of protecting the traveling public,” Poli said. “They are not a very effective manner of protecting people traveling on the busy highways, especially with the high volume of traffic often on them.”
Doug Nintzel, spokesman for ADOT, said that the department would not comment on pending litigation.
No DPS officials who could provide information on the crash could be reached for comment on Friday.