Sisters of crash victim sue her husband, truck driver, trucking company

The crash killed a pregnant mother and severely injured her husband. The incredible story of an emergency cesarean section and a surviving baby captured attention from across the world. Heroes who arrived at the scene and performed CPR to keep the baby alive, even though the mother was dead, were praised for their actions.

Now, the family of the deceased Sarah Iler and her surviving baby, Maddyson, are preparing to do battle in court.

The sisters of Sarah Iler have filed a wrongful death lawsuit in Maddyson’s name in Cape Girardeau County Circuit Court against Iler’s husband, Matthew Rider, who suffered many broken bones and returned home after spending two weeks in the hospital. Iler’s sisters also are suing the driver of the semitractor-trailer that struck Iler’s vehicle and the trucking company for which he works.

Iler was killed as a result of a three-vehicle crash on the morning of May 11 in the southbound lanes of Interstate 55. Cape Girardeau police investigated the accident and determined the semitractor-trailer driven by Jerald Lathers struck a silver SUV that then struck the vehicle driven by Rider, with Iler as a passenger. The truck driven by Lathers then continued forward, striking Rider and Iler’s vehicle, a Chevrolet Blazer.

The Blazer crossed the median before resting in the northbound shoulder of I-55. Both Iler and Rider were ejected from the vehicle. The crash report states neither Iler nor Rider were wearing seat belts, according to Cape Girardeau police Sgt. Adam Glueck.

Iler and Rider were on the way to a hospital in Poplar Bluff, Missouri, for a checkup at the time because Iler was 39 weeks pregnant. Lt. Brad Smith and Cpl. Cary Dunavan were stopped nearby and gave Iler CPR, even though Iler’s sister Kasandra said Iler was not showing signs of life at the scene and was later pronounced dead. Medical staff were able to save Iler’s baby, Maddyson, at Saint Francis Medical Center by performing an emergency cesarean section.

Alan Mandel, attorney for Iler’s sisters Kasandra Iler and Amanda West, said Maddyson “seems to be flourishing.” He said there is some worry about neurological defects with the baby because of a lack of oxygen during the birth, but it’s too early to tell if there are lasting effects. An update to a gofundme.com page said Maddyson has been eating without a feeding tube and slowly is gaining weight.

Rider was transported to Barnes-Jewish Hospital in St. Louis after the accident. All of his limbs and several ribs were broken. His mother, Kathy Rider, said he returned to Cape Girardeau on Wednesday.

The lawsuit, filed under Maddyson’s name with Kasandra Iler appointed as the newborn’s representative, places blame for the accident on both Rider and Lathers. The petition for damages states Rider significantly reduced his speed, below the minimum posted speed limit, in a lane reserved for moving traffic and describes this conduct as negligent and careless. Sgt. Kevin Orr, traffic unit supervisor for the Cape Girardeau Police Department, said the crash report indicates contributing circumstances to the crash included improper lane usage, distracted driving and inattentiveness on Rider’s part. He said Rider slowed to a speed less than the marked minimum limit.

For Lathers and Linden Bulk Transport Co., the petition states Lathers failed to keep a careful look out, was driving an excessive rate of speed, failed to keep a safe distance between his vehicle and the Blazer, drove too fast for the conditions and that Lathers knew a crash was likely and did not make enough of an attempt to stop, swerve, reduce speed or sound a warning. Orr said there were no contributing circumstances for Lathers. Orr noted Lathers hit the brakes and tried to move to the left. Orr described the driving conditions on that day and time, about 8 a.m., as cloudy and dry.

The suit asks for damages in excess of $25,000 for Rider, Lathers and Linden Bulk Transport Co. A case review is scheduled for 9 a.m. Sept. 12 in front of Judge Michael Gardner.

Judge Scott Lipke appointed Kasandra Iler and Amanda West as co-guardians of Maddyson, also known as Baby Girl Iler, on May 18 in Cape Girardeau County. Although he expressed a desire to take care of Maddyson on Facebook and the couple had been living with Rider’s parents in Cape Girardeau, the wrongful death petition states Rider is not Maddyson’s natural father. Her biological father is instead Michael R. Smith. Mandel said there are blood tests pending.

Mandel also said he does not expect Rider or Rider’s family to contest Maddyson’s guardianship at a case review hearing June 9. Kathy Rider said in an interview before the lawsuit was filed that Sarah Iler once told her to not “let my family take my baby.” Kathy Rider also said Sarah Iler was on Medicaid and most of the medical expenses surrounding the birth of the baby should be covered. Kathy Rider did not comment on the lawsuit, referring questions to Matthew Rider’s attorney Brad Jerrells. Jerrells declined to comment for the story.

The Iler family has raised $11,560 through a gofundme.com account. The family asked for $10,000 to cover Sarah Iler’s funeral and expenses for Maddyson, according to the page.

A recent update to the page said the money raised paid for Sarah Iler’s memorial and clothing, furniture, bottles and diapers for Maddyson.

bkleine@semissourian.com

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