A lawsuit has been filed in connection with a recent automobile collision that claimed the lives of two Arkadelphia residents.

A lawsuit has been filed in connection with a recent automobile collision that claimed the lives of two Arkadelphia residents.
At approximately 6 p.m. on Tuesday, Oct. 24, a 2017 Nissan Sentra was traveling northbound on Highway 7 east of Bismarck when it crossed the center line and collided head-on with a southbound 2008 Toyota Prius.
The driver of the Prius, James Hopkins, was pronounced dead at the scene. A passenger, Kim Hopkins, was taken to a hospital where she was later pronounced deceased. A third passenger, a minor, was transported to Arkansas Children’s Hospital to receive treatment for injuries.
The personal representative for James and Kim Hopkins has filed a complaint against the driver and associated companies Danfoss, LLC, Danfoss Scroll Technologies LLC, Scroll Technologies and Carco Carriage Corporation.
The affidavit states that the driver, Yulin “Felix” Bai, was an employee of Danfoss. The affidavit further states Bai was an unlicensed driver and foreign national.
Representatives of the corporations involved are said to have travelled to the impound in Bismarck less than a week after the collision. There, they reportedly removed from the Nissan a variety of electronics, including a computer and two cell phones.
Bai’s negligence is named as a “proximate” cause of the deaths and injuries, specifically, his failure to keep a proper lookout for safety, not maintaining proper attention while driving, the unsafe maneuver across the centerline, failure to obey one or more rules of the road, not reasonably controlling his speed, driving too fast in the conditions, not properly applying brakes in time, violating numerous traffic laws and regulations, operating the Nissan on the left side of the roadway when it was not free of oncoming traffic, careless and reckless driving and violating Paul’s Law; which prohibits motorists from driving while using phones for texting.
Under malice and gross neglect, the plaintiffs state, Bai was reckless and disregarded safety, because his “conscious knowledge and awareness of the unusual danger and probability of injury to others which could result from testing or other use of wireless communications while driving.” The documents go on to state that Bai was indifferent to the consequences of these actions.
As for Danfoss and Scroll Technologies, they are accused of failing to properly train and supervise Bai, not implementing policy, failing to use proper care in the hiring/training/and retaining of employees/drivers, not providing proper vehicle safety training, failing to ensure proper safety of others through training, failing to enact cell phone/electronic device policies and for allowing those who allegedly do not possess valid driver’s license to operate vehicles.
The Carco Carriage Corporation, an Arkansas-based group operated primarily out of Fort Smith and who reportedly owned the Nissan, also faces accusations of negligence on the grounds they allowed Bai to possess and operate a vehicle without a license.
The documents state, Carco knew, or reasonably should have known, that Bai was not properly licensed, qualified or competent to drive a motor vehicle on Arkansas roadways.
As a result of all of previously stated accusations, the plaintiffs are requesting damages for past and future pecuniary injuries and mental anguish, the value for the loss of life of both of the deceased, reasonable value of funeral expenses, conscious pain and suffering of all three inhabitants of the car, medical expenses for the injuries suffered by the family, the value of any earnings lost by the two deceased, the disfigurement that has been suffered by the plaintiffs and reasonable expenses of household services.
The affidavit stats that the substantial damages are incapable of being determined mathematically. As a consequence, the plaintiffs are not currently seeking a specific amount. Instead, they are requesting a jury trial that would determine proper compensation.