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Published On: 3/2/17

All parties negligent in 2013 fatal

By: Josh Davis via Bayside Gazette
(March 2, 2017) A Worcester County Circuit Court jury took less than 45 minutes last Thursday to find all parties negligent in the fatal Nov. 8, 2013 accident on Route 113, where State Police Trooper Nicholas Hager ran into teenagers Tymeir Dennis and Tyheim Bowen with his unmarked patrol car.
No damages were awarded to the plaintiffs, who filed suit against the State of Maryland in September 2015.
Dennis, 16, did not survive the crash. According to the investigation report, he suffered massive injuries to his head, back and other areas of his body.
Bowen, 17 at the time of the incident, had a leg amputated because of his injuries. He suffered a broken leg, dislocated right knee, fractured pelvis, a cut on his lower right leg and abrasions on his right arm.
He was transferred to Peninsula Regional Medical Center on the night of the accident and later moved to Shock Trauma.
No criminal charges were filed against Hager, 21 at the time of the incident, and he returned to duty on Nov. 12, 2013 — four days after the crash. Hager had only been a trooper for one year at the time of the crash.
Just prior to the incident, Hager had cleared a traffic stop a mile and a half away at Hayes Landing Road and was traveling at approximately 57 mph, according to the state’s speed analysis.
 Dennis and Bowen, according to reports, were in the process of crossing the highway as Hager approached. Their exact location when struck was never proven conclusively.
The police investigation into the collision, however, found that the dark clothing worn by the teens, poor visibility and failure to yield the right-of-way to vehicles were to blame.
According to the report, Bowen was wearing blue jeans and a black jacket. Dennis wore a pair of green camouflage pants and a dark-colored shirt and jacket.
The jury, however, also found that Hager could have done more to avoid the accident.
The weather conditions that night were good, with a clear sky. In addition, a state investigation found no indication of defects in the road or the traffic signal where the brothers began to cross the highway. The report also said the intersection was “dimly lit with two overhead lamps at opposite corners.”
According to Hager’s statement to investigators, he attempted to veer his vehicle away from an object that appeared in his view at the last second. The investigation and an eyewitness report concluded the young men were crossing the street while engaged in conversation with their mother, Tynise Bowen, who was in her minivan and stopped at the intersection where the accident occurred when they were struck.
In the aftermath, new warning signals and a crosswalk were installed on Route 113, alerting drivers that they were about to enter an “urban area” near the town’s northern and southern border along the road. The speed limit was also reduced from 55 mph to 45 mph.
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