$50 million wrongful death lawsuit filed in Highway 97 crash that killed Portland-area family of four
Barney Lerten
(Update: Adding statements by Rutledge family, attorney, copy of lawsuit)
BEND, Ore. (KTVZ) — Relatives of a Troutdale family of four killed by a drugged, sleep-deprived driver in a fiery head-on crash on Highway 97 north of Redmond two years ago have filed a $50 million wrongful death and negligence lawsuit against the driver, his employer and an insurance company.
Jesse Carl Ross,44, was sentenced last January to 24 years in prison for the October 2023 crash that killed Gary Rutledge, 57, wife Michelle, 53, and their two children, Reynolds High School students Kate, 15, and Ryan 17, as the family was heading to Central Oregon to watch an annular eclipse.
Ross, a wetlands engineer for the nonprofit Ducks Unlimited, first pleaded not guilty to seven charges, but later agreed to plead guilty to single counts of manslaughter, DUII and criminally negligent homicide.
During an emotional sentencing hearing, Ross told grieving family and friends, “I would gladly trade places with them (the victims) in an instant.”
Ross had driven to Montana for a required work meeting in Klamath Falls, at his employers’ direction, and was on a 13-hour drive home at the time of the crash.
The lawsuit, first reported by The Oregonian, was filed Thursday in Multnomah County Circuit Court by two representatives of the victims’ estate. It names Ross as a defendant, along with Ducks Unlimited and the family’s insurance company, USAA.
The lawsuit claims Ross was driving his pickup north on Highway 97 under the influence of cocaine and caffeine pills and while sleep-deprived when he crossed the center line, sideswiped a northbound semi-truck and collided head-on with the Rutledge family’s SUV, which then burst into flames.
In the lawsuit, the plaintiffs say the organization required Ross to pay for his travel, so he chose to drive instead of fly. They say he had gotten only about two hours sleep and took Xanax. They also claim his conduct at the work meeting “was erratic and provided reasonable notice to all in attendance that it was unsafe for him to drive.”
The suit claims co-workers had noticed previously that Ross “was having performance issues and had lost weight,” and he had been asked if he was engaged in substance abuse, but that his employer “took no further action” and “did nothing to ensure (that) Ross was safe to drive.”
The insurance company USAA is named as a defendant in the lawsuit, alleging it breached its obligation under the Rutledges’ policy by failing to pay under-insured motorist benefits for damages from the accident.
Portland attorney Jon D. Friedman, who filed the lawsuit, provided KTVZ News with these statements from the surviving Rutledge family members, and his own comments:
“As our family continues to struggle with the unspeakable loss of my daughter, and our brother, and their beautiful family, we are haunted by the milestone of their preventable and horrific death. In the past two years, not a day goes by that we don’t mourn the nightmare of their tragic passing, or miss their irreplaceable contribution to our family. There is no ease to our collective grief in knowing they could and should still be with us. An entire limb of our family tree has forever been cut off and that impact will be with us forever. The entire Troutdale community also lost four shining stars who brought light and love to everyone they met.” – Allen Rutledge, Gary’s Brother, and Linda Windsor, Michelle Windsor-Rutledge’s mother
“What happened to Gary, Michelle, Ryan, and Katherine is beyond a tragedy. No family should have to go through what the Rutledge family has been forced to endure. When organizations like Ducks Unlimited prioritize their business interests over the safety of our community, innocent people are forced to deal with the consequences. Their lives forever changed. No one from Ducks Unlimited stopped Mr. Ross from getting behind the wheel, despite his obvious impairment. Mr. Ross and Ducks Unlimited are clearly responsible for this horrific event and must be held responsible. The Rutledge family’s ultimate goal is to prevent future tragedies like this from happening to any other Oregon family.” – Jon D. Friedman, Law Offices of Jon Friedman
KTVZ News also has reached out to Ducks Unlimited and USAA for any reaction or statement regarding their being named as defendants in the lawsuit.