Whole Foods passes blame for fatal crash
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BY MARK GUNDERMANmgunderman@chippewa.com
Tuesday, January 31, 2006 12:34 PM CST
Just as it did in responding to initial lawsuits, Whole Foods Market Group Inc. has denied responsibility for the October Chi-Hi band bus crash.
The company and its truck driver Michael Kozlowski filed a response Monday to a counter-claim by Chippewa Trails, and asserted that the crash was the fault of the bus company and its driver, the late Paul Rasmus.
The crash happened when a Whole Foods truck driven by Kozlowski overturned on I-94, blocking both lanes of travel. The bus then slammed into the underside of the semi.
Five people were killed in that accident including Chi-Hi co-band director Doug Greenhalgh, his wife, Therese, and their granddaughter, Morgan, as well as Rasmus and student teacher Branden Atherton.
Co-band director Brian Collicott was one of the most seriously injured passengers in the bus. Collicott and Atherton's families filed suit against Whole Foods, Kozlowski, Chippewa Trails and their insurance companies.
Chippewa Trails filed a counter-claim earlier this month alleging the accident was entirely Kozlowski's fault. Now Whole Foods and Kozlowski have denied that allegation and alleged that it was entirely the fault of Chippewa Trails and Rasmus.
Investigators found evidence that there were problems with the brakes on the bus, but the lack of skid marks may indicate that Rasmus did not have time to apply the brakes anyway.
Kozlowski was scheduled to make an initial appearance today on negligent homicide charges in Eau Claire County Court. The criminal complaint alleges that Kozlowski fell asleep, and should have known that he was not in condition to drive.
The lawsuits have been assigned to Rusk County Judge Frederick Henderson.
The same attorneys, Daniel A. Haws and Stacy E. Ertz of St. Paul are representing Whole Foods and Kozlowski in the civil cases.
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