Estate of Howland woman files suit against driver and insurance company

Staff report

WARREN

John A. Ross II, administrator of the estate of Antoinette Ross, has filed a lawsuit seeking monetary damages from the 21-year-old city man who hit and killed the woman one year ago as she walked along King Graves Road in Howland.

The suit also names the Motorists Mutual Insurance, which the lawsuit says was insuring John Ross and Antoinette Ross with underinsured motorist benefits of up to $500,000.

John Ross, of Sanctuary Trail in Howland, husband of Antoinette Ross, filed the suit in Trumbull County Common Pleas Court, seeking an unspecified amount of monetary damages from Patrick Niess on behalf of the survivors of Antoinette Ross, 55, also of Sanctuary Trail.

The suit says Niess was negligent when he drove off King Graves Road on Dec. 8, 2013, hitting Antoinette Ross, who was a pedestrian.

A response to the lawsuit filed on behalf of Niess denies Niess was negligent.

The suit seeks compensation from Motorist Mutual Insurance on the grounds that Niess was an underinsured motorist.

But a response to the lawsuit filed by Motorists Insurance says the company is “without knowledge or information sufficient to form a belief as to the truth” of the allegation and “therefore denies the same.”

The response says Antoinette Ross “directly and proximately caused the injuries and damages” resulting from the accident.

The suit was filed by Attys. Martin F. White and Gregory V. Hicks.

Niess pleaded guilty this fall in Warren Municipal Court to misdemeanor vehicular manslaughter in relation to the accident and was sentenced Wednesday to 10 days in the Trumbull County jail, five years’ probation, a $750 fine and 200 hours of community service.

Niess said he apparently fell asleep while driving and doesn’t remember hitting Ross. After hitting her, his car traveled 450 feet through a roadside ditch, then came to a stop after hitting a culvert.