A technician who fatally struck a pedestrian while taking a service customer’s vehicle for a test drive after an oil change failed to get his conviction for “careless driving involving unintentional death” overturned.
A three-judge panel of the Superior Court of Pennsylvania upheld Liam Crosby’s conviction and $500 fine in the Sept. 7, 2021, death of 89-year-old Susan Simpson, who was on the sidewalk when she was hit by a 2018 Nissan Armada. Crosby’s driver’s license also was suspended for six months.
The charge is considered a summary offense under state law and is regarded as a nontraffic crime that is less serious than a misdemeanor.
Crosby had been working at Piazza Nissan of Ardmore for seven months at the time of the accident, the decision said.
“As part of his duties, it was standard for Crosby to road test, service and road test again a customer’s vehicle before it would be returned,” the Montgomery County District Attorney’s Office said in a court filing.
Crosby pulled out of the store’s parking lot onto a busy four-lane road. He told police that he “was familiar with the area, saw people walking on the sidewalk every day and would travel his road test route 10 to 15 times a day.”
Evidence included testimony from Piazza Nissan’s general manager and a crash reconstruction expert, as well as video footage from the dealership’s surveillance camera and images from police body cams.
On appeal, Crosby contended that although he had been negligent and might be held liable to Simpson’s estate in a civil suit, his actions did not constitute the “careless disregard” or “willful or wanton conduct” required for a conviction.
The Superior Court disagreed in an Aug. 24 decision, saying, “The driver failed to pay attention to what sound driving and regard for human life required: a pedestrian passing in front of the vehicle in a place he or she was legally entitled and would commonly be expected to be, such that the driver was required to yield.
“Crosby’s failure to do so was careless disregard sufficient to support a conviction for careless driving,” the decision said.
Defense attorney Christopher Boggs, of Media, Penn., said he was disappointed by the decision but that the court had addressed all the arguments raised in the appeal.
