A family who lost three relatives in a 2021 fatal crash in Nye County have filed another lawsuit against law enforcement for allowing an impaired driver to continue driving after being stopped.
Josh Myers filed a wrongful death lawsuit Friday in U.S. District Court on behalf of his 6-year-old daughter, Emerson, whose mother died in the crash. The complaint referred to the child by the initials “EKS.”
On March 27, 2021, at around 1:40 p.m., Nye County deputies talked to 34-year-old Tyler Kennedy after he parked his truck at the Area 51 Alien Center store. Deputies were called after a nearby RV park owner reported Kennedy had asked him for drugs, according to the complaint.
Deputies found fentanyl pills and evidence of drug use. Body-camera footage captured a deputy say, “Yeah, eyes are pinpoint. He’s probably under the influence,” according to the complaint.
Kennedy then drove north on U.S. Highway 95 and at around 3:50 p.m. crossed over into oncoming traffic to pass multiple vehicles but crashed head on into Durmeier’s vehicle.
The complaint alleged that Deputy Breanna Nelson followed Kennedy for about an hour on U.S. 95 and saw him speed and drift across the center line before she turned off the highway.
Michael Durmeier, 39; his fiancee, Lauren Starcevich, 38; and his daughter, Georgia, 12, died in the crash. Starvcevich and Myers’ daughter Emerson broke her wrist, and Durmeier’s son Jackson suffered brain trauma.
The complaint named Nye County, the Department of Public Safety, Nye County Sheriff’s deputies and an NHP trooper as defendants.
Nye County spokesman Arnold Knightly said Tuesday that the county had not been served and that it does not comment on pending litigation.
Nye County Capt. David Boruchowitz said the sheriff would not comment on pending litigation.
DPS spokeswoman Kim Smith declined to comment.
Myers’ complaint alleged wrongful death, negligence, causing emotional distress, civil conspiracy and violation of his daughter’s civil rights.
Chelsea Roberts, Georgia’s mother, previously sued the Nye County Sheriff’s Office and the deputies who let Kennedy continue driving.
Myers’ attorneys did not respond to requests for comment.
Kennedy pleaded guilty to three counts of DUI causing death and was sentenced in July to up to 60 years in prison.
Contact David Wilson at dwilson@reviewjournal.com. Follow @davidwilson_RJ on Twitter.