Wrongful death lawsuit filed for CB driver in fatal 2019 accident

Possibly an additional party to be named

By Katherine Nettles

The relative of a couple killed in an auto accident last August is suing a Crested Butte man charged with two misdemeanors for his involvement in the accident. Steven Moss, Jr. filed a lawsuit on February 25 in district court, both individually and as pending co-personal representative of the estate of Kaycee Moss.

Steven Moss is suing Erik Klemme on six claims: negligence resulting in wrongful death; manslaughter; vehicular assault; reckless driving; speeding; and limitations on overtaking on the left.

Kaycee Moss was a passenger in a car with her husband, Donavon Moss, the driver who was also killed in the accident on Highway 50 east of Gunnison.

A case management conference was set for March 3 but postponed when it became clear there were still some missing aspects to be determined.

The accident involved a third car as well, and that driver is possibly another party to be added to the lawsuit. Judge Steven Patrick of the Seventh Judicial District was presiding at the March 3 status conference and determined the case proceedings will reconvene after that is determined. “We are in a wait and see mode,” he said.

The court documents state that parties will engage in settlement discussions and participate in mediation after initial discovery occurs. The deadline for amending the lawsuit or for supplemental pleadings is May 7, as is the deadline for joining of additional parties.

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