Lawsuit seeks $13 million for boy injured in crash

Lawsuit seeks $13 million for boy injured in crash

Jakobi Mulgrave, 10, is making progress at a Portland hospital. He survived a car crash that killed four other people, including his mother.

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By KVAL.com Staff

EUGENE, Ore. -- The family of the 10-year-old boy who survived a car crash that killed 4 people, including his mother, filed a lawsuit seeking over $13 million in damages.

The suit, filed Monday, names Matthew Ellmers, the man accused by police of driving drunk and causing the crash; two establishments where the plaintiff believes Ellmers consumed alcohol while visibly intoxicated; and the woman who the plaintiff believes lent Ellmers the car he was driving that night.

Jakobi Mulgrave, 10, remains in serious condition at Doernbecher Children's Hospital in Portland, Ore., with injuries sustained in the crash Jan. 21, the hospital said Tuesday afternoon.

His injuries include brain damage; a fracture pelvis and skull; and damage to his spleed, kidney and liver, according to the lawsuit. Some of the injuries and other damage, including emotional pain from the loss of his mother and interference with his ability to enjoy life, may be permanent, according to the suit.

In the suit, the guardian for Mulgrave seeks $10 million for non-economic damages; $2,800,000 for lost earnings over his lifetime; current and future medical expenses; and other expenses.

The suit claims Matthew Ellmers was negligent in causing the accident; that Kimberly Snyder was negligent in lending her motor vehicle to Ellmers; and that The Nile and Strike City, both businesses on Highway 99, served alcohol to a visibly intoxicated Ellmers.

The crash killed Jakobi's mother, Heather Mulgrave; 11-year-old Nima Gibba; and Connie Vermilyea and her son, Jaziah.

A grand jury indicted Ellmers, 24, with four counts of manslaughter, assault, DUII and other charges on Tuesday. An attorney entered a plea of not guilty on behalf of Ellmers at an arraignment Tuesday.

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