VALLEY COUNTY, Idaho — The family of a Valley County teen who died after a tree fell onto a car he was riding in is suing the State of Idaho and the Idaho Transportation Department.
In documents filed Monday in Valley County, the parents of Coltin Jones claim ITD was negligent and caused the wrongful death of their son.
In June 2023, Jones was in the passenger seat as his grandmother was driving on Highway 55 between Banks and Horseshoe Bend. The Boise County Sheriff said a dead tree fell on top of the passenger side of the car during a wind storm, snapping off at the top where it was dead.
Jones, an eighth grader from Valley County, died and his grandmother was hurt.
Court documents allege the agency knew about the dead and dangerous trees along the highway for an "unknown number of years," but at least since November 2021. It wasn't until after the incident with Jones that the transportation department removed the dead trees.
Jones' parents' lawsuit states: "Upon information and belief, as early as November 2021, an ITD technician stated in an email, 'I would like to start working on getting a contractor to come in and remove the dead trees on Highway 55 from Horseshoe Bend to Donnelly."
A month after Jones was killed, the transportation department's communications manager told KTVB, "This was something that was in the works previously. Early as June of last year. Then in November, we were talking with the Forest Service about going up there and clearing trees along 55."
Under state law, ITD is required to maintain highways and a federal easement deed requires the agency to take care of areas along the highway.
In their lawsuit, Jones' parents Alexandra MacGregor and Steven Jones state: "ITD breached its duties owed to Coltin Jones when it failed to remove the dead tree that killed Coltin, unreasonably delayed removal of dead and dying trees along Highway 55, failed to coordinate in a timely fashion with relevant federal agencies for the removal of trees and committed other acts of negligence and wrongdoing yet to be discovered."
The lawsuit goes on to say ITD's negligence and wrongdoing were the direct and proximate cause of Jones' death.
Additionally, one of the attorneys representing Jones' parents shared the following statement: "The first duty of government is public safety. When the State takes action about a well-known hazard only after a tragic death occurs, we have a fundamental failure of government."
In response to the lawsuit a spokesperson for ITD says: "Any loss of life or injury on Idaho’s roadways is a tragedy and something we take personally, and our hearts go out to the family. Due to the pending litigation, we cannot comment further at this time."
Jones' family is demanding a jury trial and up to $500,000 in damages, or the maximum amount they are able to get.
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