Boy Scouts, Hershey Creamery Co. sued over 'catastrophic' injuries to boy

By Jon Campisi | Mar 26, 2013

The estate of a former Boy Scout who was catastrophically injured after being struck by a

truck while the boy was riding a bicycle as part of a group outing has filed a negligence action against the Boy Scouts of America and the company that employed the driver who struck the young teenager.

Harrisburg residents Thomas and Irene Grab, who are listed as co-guardians of Kevin Grab, filed suit in state court in Philadelphia on March 20 against Irving, Texas-based Boy Scouts of America, National Counsel; York, Pa.-based New Birth of Freedom Council Inc. and Keystone Council Inc.; and Harrisburg-based Hershey Creamery Company over the injuries young Kevin Grab sustained on Aug. 10, 2007, when the boy was struck by an ice cream delivery truck driven by a Hershey employee.

According to the lawsuit, Grab, who taking part in a group Boy Scouts outing at the time, was cresting a hill on his bicycle without adult supervision when he was struck by the Hershey truck, which had been traveling along State Route 234 in Gettysburg.

The truck’s driver, who at the time had been traveling westbound on Route 234, also known as Heidlersburg Road, was making deliveries for the Hershey Creamery Company at the time, and was attempting to turn the vehicle around after realizing that he had made a wrong turn somewhere along the way, according to the lawsuit.

It was at this time that his passenger shouted to the driver that Grab had entered the intersection.

The warning was too late, however, and the truck’s right bumper ended up striking Grab’s bicycle at a “significant rate of speed,” the complaint states.

After being struck by the truck, Grab, then 13 years old, was thrown off his bike and landed on the ground about 60 feet from the point of impact.

The boy had to be intubated at the scene of the accident and subsequently transported to Milton Hershey Medical Center where he was hospitalized for an entire week, the lawsuit states.

Following the week of intense hospitalization, Grab was transferred to the medical center’s rehabilitation unit, where he remained until Oct. 5, 2007.

Grab ended up being diagnosed with a severe traumatic brain injury, and he has since been rendered incapacitated, requiring the constant supervision of his guardians.

The Boy Scout defendants are accused of recklessness and negligence for failing to supervise young children on the bicycle trip from Harrisburg to Gettysburg National Military Park.

The lawsuit shows that while adults were present at the time, no adult was at the front of the bicycle pack, which is where Grab was when he was struck by the truck.

The Boy Scout defendants are also accused in the suit of negligently planning the bicycle trip, failing to protect children from a known dangerous intersection, and failing to exercise proper caution.

Hershey Creamery is accused of negligently failing to keep a proper lookout on the roadway, failing to take proper evasive maneuvers to avoid striking Grab, failing to exercise proper caution and failing to use due care under the circumstances.

The plaintiffs seek damages in excess of $50,000, plus interest, costs, delay damages and other legal and equitable relief.

The Grabs are being represented by prominent Philadelphia attorneys Thomas R. Kline and David K. Inscho, of the firm Kline & Specter.


The case ID number is 130302977. 

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