A Lapwai woman charged with vehicular manslaughter related to a crash that killed a 55-year-old Cottonwood man is being sued by the victim's family in Lewiston's 2nd District Court.
The wrongful death lawsuit filed this week against Dorika D.L. Powaukee, 35, by Joseph G. Seubert's family alleges Powaukee was negligent and reckless when the 2000 Ford Ranger she was driving collided with a 2009 Chevrolet Aveo and killed the driver of the compact car.
Seubert died at the scene near Spalding, according to the Idaho State Police.
His wife, Angela, filed the suit against Powaukee and the owner of the pickup truck, Donald Powaukee, alleging he was negligent by allowing the defendant to drive his vehicle.
"(He) knew or should have known that entrusting the vehicle to the defendant would create unreasonable risk of harm based on her prior driving record and that she has a history of using alcohol," according to the suit filed by Anthony C. Anegon of the Lewiston law firm Aherin, Rice and Anegon.
Powaukee faces criminal charges of vehicular manslaughter, injury to a child and aggravated DUI in a separate action, and court records allege her blood-alcohol concentration at the time of the crash was 0.318. The legal limit for driving is 0.08.
According to police, Powaukee was driving north with her 2-year-old niece at 5:30 p.m. April 19 on U.S. Highway 95 when she allegedly slammed into the southbound Aveo while crossing the Spalding Bridge, approximately 8 miles southeast of Lewiston. Powaukee and her niece were not injured in the crash.
Powaukee has pleaded innocent to charges in the criminal case. That case is on hold as the court waits for a decision from the Idaho Supreme Court to determine if the blood taken from her following the crash was legally obtained. She was released from jail in June on $50,000 bond.
The lawsuit calls for compensation for medical expenses, pain and suffering and future earnings to be determined by the court.
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Bartholdt can be contacted at rbartholdt@lmtribune.com or (208) 848-2275.