Families sue driver in fatal crash

Thursday, May 8, 2008 12:38 PM CDT

WAUKESHA, Wis. (AP) - A newly filed lawsuit seeks unspecified damages from the former surgeon who was driving a sports utility vehicle that rammed into a car in Oconomowoc, killing a pregnant school administrator and her 10-year-old daughter.

The crash April 25 killed Jennifer Bukosky, 39, who was associate principal of Oconomowoc High School, and her fetus. Her daughter Courtney Bella, a fourth-grader at another Oconomowoc school, died later. Bukosky's 12-year-old son survived with minor injuries.

Another child who was with them, Debbie Gibbs, survived but deserves damages because of permanent injuries she suffered, according to the lawsuit filed Wednesday in Waukesha County Circuit Court.

The lawsuit also states that Buskosky's husband Michael deserves money for the “past and future loss of society and companionship” of his wife and their unborn baby, Sophia.

Mark Benson, 55, of the town of Summit, has been charged with three counts of homicide by intoxicated use of a vehicle.

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Authorities say Benson, who has three previous convictions for driving while under the influence of intoxicants, plowed his SUV into the rear end of the victims' vehicle that had stopped for a red light.

Prosecutors have said Benson took a combination of prescription drugs prior to the accident.

A preliminary hearing for Benson has been scheduled next week.

Defendants in the lawsuit include Benson and two insurance companies.

Mike Farney, the father of Jennifer Bukosky, is calling on teens to work to change laws on impaired driving.

He said he is encouraging students affected by his daughter's death to work to change laws that allow repeat drunken drivers to get behind the wheel.