SPOKANE, Wash. — The Dutch Bros employee that was injured after a truck driver crashed into the stand located on South Freya Street has filed a lawsuit against his employer, according to court documents.
Chelsea Ross, the employee who was injured in the crash, filed a lawsuit against Bailey General Contracting and Construction, the company that employed the man who crashed the truck.
48-year-old McGavin Medrain, the man accused of crashing the truck, plead guilty to vehicular assault on Wednesday and was sentenced to 15 months in prison. He was also given 18 months of community custody.
Ross and six other people, ranging in age from children to adults, were injured in the crash, with at least one person taken to a hospital.
Court documents state that the crash "was extremely violent knocking the Dutch Bros coffee shop off its foundation and collapsing" on Ross, which resulted in "serious physical and emotional injury to her."
The documents continue to state that Medrain's "excessive speed, failure to observe traffic control devices, failure to stay in his lane of travel, and failure to maintain control of his vehicle," Ross was permanently injured "including serious disfigurement and pelvic fractures."
Ross said her physical and emotional injuries from the crash have limited her socially, vocationally and recreationally. She also said her injuries have had an economic impact on her, including past and future medical expenses and lost employment opportunities.
According to the lawsuit, all the injuries Ross sustained from Medrain's actions occurred while he was "in the course and scope" of Bailey General Contracting and Construction.
Ross is seeking relief for:
- Economic and non-economic damages (to be proven at the time of trial)
- Prejudgment and post-judgment interest
- Ross's costs and attorney's feed
- Further relief as the court deems appropriate
According to court documents, at least 17 other people plan to bring claims against the employer but have not yet filed lawsuits.
Medrain failed two parts of a field sobriety test taken after the crash, according to a warrant.
In a search warrant filed for Medrain's blood, a Washington State Trooper wrote that Medrain first said he used meth "within the last week," but after more questioning, he admitted to using the drug the night before the crash.
Medrain has four felonies and 10 misdemeanors in Idaho with charges including DUIs, reckless driving, and not operating a commercial vehicle in a safe manner. He is also on parole out of Idaho.
A witness told police he heard “metal on metal grinding” coming from Freya Street and saw a large truck driving at a high speed. He said the truck was allegedly weaving in and out of traffic and eventually hit several vehicles before crashing into the buildings.
The same witness then helped people trapped inside a car that was pinned between the coffee stand and the dump truck, according to documents.
Another witness said she saw a man sitting across the street from the Dutch Bros that was “very bloody” and appeared to be injured, documents say. She said she asked the man if he was ok, to which he replied, “Did I kill anyone?"
Seven people, including a Dutch Bros employee, were injured in the crash. None of the injuries were life-threatening but one person was taken to the hospital, according to documents.
Kevin Parker, the owner of the old Dutch Bros location, confirmed that a new coffee stand is being built at the same location on Freya and Fourth Street. He expects it will open in early spring.
Parker said the former Freya crew is excited to return to that location, adding that working at that location again is a way for his employees to show their resilience.