POCATELLO — A woman severely injured in August when she was struck by a pickup truck driven by an alleged drunk driver in Pocatello has filed a lawsuit against that individual.
Pingree resident Avelinda Garza, 32, claims in her lawsuit that she was crossing the parking lot at The Sand Trap bar and grill on Bannock Highway on the night of Aug. 10 when she was struck by a 2003 Ford F350 pickup truck.
The lawsuit identifies the pickup’s driver as Dr. Kraig McGee, 67, of Pocatello, and states that he struck Garza while backing out of a parking spot.
McGee then struck multiple parked vehicles in the parking lot, the lawsuit states.
McGee, who’s also facing a felony drunk driving charge for striking Garza with his pickup, was not available for comment regarding the lawsuit she filed against him in district court.
Garza suffered critical injuries including multiple fractures to her pelvis when she was struck by McGee’s pickup.
She was initially transported by ambulance to Portneuf Medical Center in Pocatello before being flown by emergency helicopter to the University of Utah Hospital in Salt Lake City for further treatment.
McGee was arrested by Pocatello police at the scene for felony aggravated drunk driving and police said his blood-alcohol content was well above the .08 percent legal limit at the time of his arrest.
Garza’s lawsuit claims that the investigating officer had McGee perform the standardized field sobriety tests, which McGee was unable to complete in a satisfactory manner.
Further, according to Garza’s lawsuit, McGee voluntarily submitted to breath tests at the scene and produced two samples indicating his blood-alcohol content was .208 and .195 percent — both over twice the legal limit.
McGee then requested that officers transport him to PMC for a blood test at his own expense, the lawsuit states, and the result showed that he had a .212 percent blood-alcohol content — nearly three times the legal limit.
The suit also claims that McGee told police he consumed approximately two whiskey drinks with his family at The Sand Trap prior to striking Garza with his pickup, but there are other reports that McGee was consuming alcoholic beverages at the nearby Juniper Hills Country Club prior to arriving at The Sand Trap.
In addition to legal costs related to attorney fees and filing the suit, Garza is seeking compensation in the amount of at least $10,000 relating to her incurred expenses for medical and therapeutic treatment.
McGee is expected back in court for a pre-trial hearing regarding the criminal charge against him in December.
If convicted of aggravated drunk driving, McGee faces a maximum of 15 years in prison, a $5,000 fine and the loss of his driver’s license for five years.
Garza is being represented by attorney Eric Rossman of Boise.
This article was originally published in the Idaho State Journal. It is used here with permission.
The post Woman struck by alleged drunk driver outside Pocatello bar files lawsuit against him appeared first on East Idaho News.