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LISBON -- A wrongful death lawsuit originally filed in Stark County has been transferred to Columbiana County against a man already charged criminally for the fatal crash on state Route 172 near Zepernick Lake.
Sharon Lendon, daughter of the late Leslie and Mary Coss and administrator of their estates, filed the court action in September against Lowell Horst, Lisbon Road, Canfield, his employer Weaver Steel Construction LLC, state Route 558, Leetonia, and State Farm Mutual Automobile Insurance Company, Bloomington, Ill.
A request for change of venue by the defendants was recently granted, bringing the lawsuit to Columbiana County Common Pleas Court this week.
Horst, 29, was indicted in April on charges of aggravated vehicular homicide, a third-degree felony, and vehicular assault, a fourth-degree felony, for allegedly causing the death of 81-year-old Mary A. Coss while operating a 2009 Chevy Silverado recklessly. He was also accused of causing serious physical harm to her husband, Leslie R. Coss, 83, who was the driver of their SUV, and later died on Jan. 5. The accident occurred on state Route 172 near Zepernick Lake on Sept. 23, 2022.
The criminal case remains pending, with a status hearing set for 9:40 a.m. Feb. 12 and a jury trial set for 9 a.m. Feb. 20.
During a hearing this summer, a trooper who interviewed Horst noted that he at first admitted to listening to music on his cell phone, then at some point, he indicated he wanted to be honest and said "I was watching sports highlights on my phone."
The lawsuit explained the general allegations of what happened and stated that "Horst, while driving approximately 55 miles per hour, negligently, recklessly and with conscious disregard for the rights and safety of others using the highway, was watching sports highlights on YouTube through his cellular phone which was mounted on his dash."
The lawsuit went on to say that the distraction caused him to travel left of center and crash head on into the vehicle of Leslie and Mary Coss, "causing severe injuries which ultimately killed them both."
In the criminal case, he's charged with causing the death of Mary Coss and severe injuries to Leslie Coss, but not the death of Leslie Coss.
The civil claims include wrongful death, negligence and underinsured/underinsured motorist coverage, with monetary damages sought.