CASTLE ROCK — An 8-year-old boy is suing the driver and owner of a car in which his mother and another man were killed nearly two years ago.
The boy, Damon Marquand, was 7 when his mother was killed in the 2009 crash in Douglas County. The driver, Dominick Wilmer, was drunk, high on pot and traveling at 110 mph in a 50 mph zone on Titan Road when he went into a ditch, spun and rolled the vehicle.
Damon’s mother, Grace Cruthers, and Jonathan Richardson were killed in the crash.
Wilmer was convicted of two counts of vehicular homicide and sentenced to 12 years in prison last year.
Richardson’s family has settled its civil case. But attorney Chad Hemmat, who is representing Damon, said American Family Insurance chose to go to trial on this case.
The wrongful-death lawsuit is seeking that the claim be classified as a felonious killing. That could mean a possible award that goes beyond the state’s cap of roughly $468,000.
“That’s all that’s left,” Hemmat said during opening statements Monday in Douglas County District Court of the money the boy is seeking. “(Damon) knows she will never be there for any of those graduations. He knows she will never be there to repair that skinned knee.”
Cruthers and Wilmer were dating. Richardson was a longtime friend of Wilmer.
Jane Lucero, attorney for Joshua Hill, the owner of the car Wilmer was driving in the crash, said her client was on a cruise celebrating his fifth wedding anniversary and Wilmer was housesitting for him. Wilmer had watched Hill’s house seven or eight times before without incident, Lucero said. Each time, Hill would leave his vehicle filled with gas for Wilmer to use.
Lucero also noted Cruthers chose to enter the vehicle her boyfriend was driving, knowing his condition.
“Everything’s got choices and risks,” she said.
Wilmer’s attorney, Colin Campbell, said that Damon was in the legal custody of his grandfather when the accident happened. He asked jurors to be fair in making their decision.
The grandfather, Dave Cruthers, is named as the plaintiff in the lawsuit and is suing on Damon’s behalf. During a break from jury selection Monday, Dave Cruthers said it has been overwhelming for him to lose a daughter and for his grandson to lose his mother.
“I just know how much he loved his mother,” Cruthers said. “It hurts. It’s still hard to talk about.”
The trial is scheduled for four days. Damon is expected to testify.
Carlos Illescas: 303-954-1175 or cillescas@denverpost.com
