Man sues church over car accident

A Church of Jesus Christ of Latter-day Saints missionary, formerly working in Spokane, filed a lawsuit in U.S. District Court on Friday against the church and two individuals. The suit stems from a vehicle accident that occurred more than two years ago.

Thomas A. Waite, a resident of California, is suing the LDS Church, fellow missionary Donald C. Fossum, and Steven D. Brodhead for negligence. The plaintiff sustained a fractured skull and head trauma and was hospitalized for several days when he was thrown from the back of a pickup during a collision on Aug. 21, 2003, in Spokane Valley. The lawsuit states Waite “was severely and permanently injured in that crash.”

Waite’sattorney, Richard C. Eymann, could not be reached for comment Monday. Co-attorney Stephen L. Nordstrom did not return phone calls.

According to the police report and the lawsuit document, Waite, 19 at the time, was a passenger riding in the bed of the truck owned by the LDS Church and driven by Fossum. The truck was stopped at the intersection of Adams Road and Eighth Avenue when a fast-moving car driven by Brodhead skidded through the intersection into the pickup, ripping the canopy off the truck and ejecting Waite and another missionary. Both men were injured.

Brodhead, 18 at the time, was charged with vehicular assault.

Among the particulars, the suit claims “the LDS Church knew or should have known that allowing missionaries to ride unrestrained in the bed of the canopied pickup truck greatly increased the likelihood of injury in the event of any collision.”

Waite is asking to have his case heard by a jury.