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A civil suit against Tadeusz Dylak, the truck driver allegedly responsible for a May accident that killed Douglas Raber, was filed in Kosciusko Circuit Court Thursday.
Diane L. Raber, as guardian of Douglas Raber's estate and as his widow, filed the suit to recover damages from Dylak and also from Guaranteed Overnight Delivery Inc., Dylak's employer at the time of the accident.
Diane Raber alleges in the suit that the "accident was 100 percent the fault of the defendent Tadeusz Dylak," and as a result of his negligence, he should pay medical, hospital and burial expenses in addition to lost wages that Douglas Raber would have earned in his lifetime. She also is suing for the loss of her husband and companion, as a personal damage.
Guaranteed Overnight Delivery Inc. is named as a defendent, with the same responsibility to the Douglas Raber estate as Dylak because of a legal principle called respondeate superior. Respondeate superior is a rule that says employers are liable for harms done by employees during the course of work duty.
Dylak also is facing criminal charges in this case. A charge of reckless homicide, a Class C felony, was brought against him last week, though he has not yet been arrested.
