BARDSTOWN, Ky. (WDRB) -- The family of three people killed in a wreck in Nelson County in May has sued the man they said is responsible, questioning his drug use on the day of the wreck.

The crash on the Bluegrass Parkway on May 11 caused the death of three people and injured a fourth. Delmer Douglas O'Dell, 72, (the driver), Vivan Dolores O'Dell, 71, and their granddaughter, Kieren O'Dell, 3, died in the wreck. A fourth juvenile passenger was injured but survived.

According to Kentucky State Police, Richie B. Warren was the driver of the tractor trailer that crossed the median and slammed into the O’Dells' car.

Since then, family members have filed wrongful death suits against Warren for his role in the wreck.

Last month, as part of the plaintiff’s request for admission, Warren admitted to taking one Oxycodone on the day of the wreck. However, the motion also claims that Warren does not remember the wreck at all.

In a subsequent filing, the plaintiff’s attorney asked Warren to admit that, “on the date of the collision you had not been provided any document or communication from the any medical professional stating that it was safe for you to operate a commercial vehicle after ingesting Oxycodone, or any other opiate.”

In response, Warren’s attorney wrote, “On advice of the defendant’s private counsel, the defendant declines to answer this request due to the fact that there may be criminal matters involved that the answer may tend to violate the defendant’s Fifth Amendment rights.”

To this point, Warren has not been charged with a crime in the wreck nor has he been ticketed, based upon court records. An attorney for Warren did not immediately respond to a request for comment.

An initial crash report completed by KSP investigators stated that “drug involvement” was one possible factor of the crash.

Attorneys for Warren have also asked the court for a stay in civil case until any criminal issues that may arise can be resolved. Instead, a judge agreed upon a stay in the case until Feb. 7.

The lawsuit is asking for unspecified monetary damages and a jury trial. 

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