Collegiate Times

Two family members of Brian McCloskey, the Virginia Tech student who died from injuries sustained when he was run over by fellow student Aaron Pierce in Nov. 2005, have presented the Roanoke City Circuit Court with a second lawsuit over Brian's death worth $7 million.

McCloskey's mother, Dawn Powell, and sister, Heather McCloskey, filed the suit on Nov. 2 against Barry Wirt Jr., accusing him of having an underlying affiliation with McCloskey's death through personal negligence.

The first case filed by Heather McCloskey in September targeted Aaron Pierce, Cameron Johnson, William Johnson and Magic City Ford. The first lawsuit alleged that all those named in the suit contributed to Brian's death, either directly or indirectly by providing Pierce with, and allowing him the use of, the vehicle involved in the accident.

The second lawsuit is directed at Wirt and states that he also had a say in giving Pierce permission to drive the 2006 Ford Excursion that struck Brian McCloskey, and was negligent in doing so because Pierce was intoxicated.

Powell and Heather McCloskey, the plaintiffs in the case, have demanded a trial by jury.

Originally, both of the Johnsons and Magic City Ford faced negligence entrustment claims, in coordination with unrestricted access to the SUV being passed down in a chain effect. All are being sued for their association with the accident.

According to the first lawsuit filed with the court, Magic City Motors president William Johnson gave unrestricted access to the Excursion to his son Cameron, who was the general sales manager at the time. On the night of the incident, the plaintiffs claim that Cameron Johnson had in turn given Wirt the authority to use the vehicle and designate whoever else would have similar privileges.

William Johnson refused to comment on either court case.

Wirt, the latest faced with a lawsuit presented to the Roanoke Court, was visiting Johnson and Pierce's apartment on the night of McCloskey's death.

The new suit demands Wirt pay $5 million to the McCloskeys in compensatory damages, as well as an additional $2 million for punitive damages. Though the punitive damages would theoretically be given to the McCloskeys, they serve the purpose of deterring others from taking the same actions as Wirt allegedly did to damage the plaintiff.

Evidence provided to the court shows that Pierce veered off the road and onto a walking path on the night of Nov. 4, where he ran over McCloskey. McCloskey remained unconscious on the trail until he was found the next morning. He passed away five days later, from his injuries.

Pierce was found guilty of involuntary manslaughter and ordered to serve a 30-day jail sentence, as well as to perform 300 hours of community service and lose his driver's license for a year.

Michael Shevlin, lawyer for the McCloskey family in both lawsuits, declined to comment on the case. Neither Wirt, nor Robert Ballou, Pierce's attorney, could be reached for comment.