The surviving husband of the late Gunnery Sgt. Monica Plank said today he asked his lawyers weeks ago to remove Loretta A. LeVan from a wrongful death lawsuit and his intention is to hold Bellefontaine to the same standards it requires of its citizens, not for financial gain.
“It wasn’t even close to Michael’s Pizza,” Christopher Plank said. “She landed 20 or 30 feet from the bridge and she was hit 20 or 30 feet south of that.”
He said he is bothered Mrs. LeVan’s name remains on the lawsuit as he holds the city responsible for not clearing accumulated snow and ice from the sidewalks in front of the Water Department at 917 S. Main St.
“I started this process within two weeks of my wife’s passing,” he said. “The reason why is I had a ton of people contact me telling me they had been warned by the city in the past about clearing their walks.
“I think the city should have to abide by its own laws.”
Gunnery Sgt. Plank was walking Feb. 16, 2014, northbound in Main Street as her husband was trying to catch up with her when she was struck by a northbound car operated by Holly J. Fowler, 28, who is serving a 2 1⁄2-year prison sentence for felony counts of leaving the scene of a fatal crash and tampering with evidence.
The lawsuit, filed on the two-year anniversary of the late Marine’s death, claims the victim was forced to walk in the street because sidewalks were piled high with snow and ice and that contributed to her death.
Lawyers representing Mrs. LeVan and the city have asked Logan County Common Pleas Judge Mark S. O’Connor to dismiss the lawsuit.
In addition to her husband, Gunnery Sgt. Plank is survived by her three children, Jocelyn Nuno, 12, Adriana Nuno, 10, and Gabriel Nuno, 8, all of Havelock, N.C.
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