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The West Linn Tidings
By Nicole Decosta And Dan Itel
Aug 10, 2007, Updated 12.1 hours ago
Thomas Haymore told police, after he crashed his van into a West Linn family Monday night, that he was using a combination of Ambien, Prozac and Demeral, confirmed Bryan Brock, deputy district attorney in Clackamas County.
The collision at the top of Salamo Road was a three-part horror to witnesses. West Linn resident Haymore, 35, drove in reverse through the Starbuck’s parking lot, hit a van and tree before continuing backwards on the sidewalk and striking John and Tracy Herbert and their 4-year-old son John Gunner.
John Herbert received the brunt of the collision and was lifeflighted to Legacy Emanuel Hospital & Health Center in Portland. His injuries are believed to be non-life-threatening, West Linn Police Lt. Ron Schwartz said, and as of Friday afternoon he was in serious condition. Tracy Herbert and John Gunner were treated at the hospital for minor injuries and are now home, said friends of the family.
Schwartz said the collision drew much attention because of the loud noises from the van driven by the West Linn resident.
“Witnesses said there was a loud squealing of tires, a roar of an engine and that thing just rocketed,” Schwartz said Tuesday. “As I understand it, (the Herberts) tried to get out of the way. They heard the noise. The father grabbing the boy probably saved the boys life.”
Haymore was arraigned Tuesday afternoon and charged with two counts of third-degree assault, one count of forth-degree assault and one count of driving under the influence of intoxicants; he is out on $50,000 bail, confirmed Brock.
Haymore a Portland-area anesthesiologist and licensed by the Oregon Board of Dentistry was unable to be reached for comment on Friday. Neighbors said the family hasn’t been back to their Sunset neighborhood home in the days since the accident.
Schwartz said he suspected drugs were involved from the beginning, as he said tests show he wasn’t drinking alcohol.
Ambien is a sleep medication used to treat insomnia; Prozac is an anti-depressant; Demerol is a pain reliever. All three medications list that their interaction of other medicines could cause side effects, according to Webmd.com.
Schwartz said that this type of event would be unexpected anywhere.
“You just don’t know when something like this is going to occur,” he said. “The thing that should concern people is that there are people like this out on the road that are under the influence of drugs.
You think you’re in West Linn safe, enjoying a nice summer evening and in a matter of seconds you get a guy that comes out of nowhere and runs over a family.”
Close-by neighbor Diane Elsey arrived at the scene Monday and noticed a Radio Flyer red wagon sitting just past the van and thought of the family, and their little boy already gone at that time.
“It represented something that was so innocent,” Elsey said. “It’s an icon of something that’s fun and enjoyable. To have it sitting there (and knowing that) family members had been airlifted was extreme sadness.”
Close friends of the family are setting up ways to help the Herbert family through donations at a local bank. A preliminary hearing is rescheduled for Sept. 5 at 3 p.m.
Visit www.westlinntidings.com for continued coverage through the weekend.
Tim Hohl, a reporter for AM 860 KPAM, contributed to this report.
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West Linn accident victims file $10.5 million suit — (Oregon Live)
on June 10, 2008 at 5:27 PM, updated June 10, 2008 at 5:37 PM
The lawsuit alleges that Haymore was negligent in taking drugs before driving, then failing to control his minivan. The suit alleges that the clinic was negligent for not controlling access to drugs Haymore took.
The suit is seeking damages for suffering, loss of income, medical bills and emotional distress.
Neither Haymore nor the clinic could be reached for comment.
According to the suit, Haymore drove a Dodge minivan on Aug. 6, 2007, in reverse at a high rate of speed through the parking lot of a Starbucks on West Linn’s Salamo Road, crashed through some bushes, barreled down a small slope and hit the Herberts, where they were walking and pulling their son behind in a red wagon.
The suit says John B. Herbert, 38, suffered a perforated bowel, lacerated liver, staph infection, hypertension, a fractured right foot, a hernia, abrasions, tinnitus, concussions and injuries to his spine. Tracy L. Herbert, 38, suffered a concussion, vertigo, abrasions, contusions and injuries to her spine, the suit says.
In March, Haymore, 36, pleaded guilty in Clackamas County Circuit Court to third-degree assault, fourth-degree assault, recklessly endangering another and driving under the influence of intoxicants.
He was sentenced to two years and one month in prison, followed by three years’ post-prison supervision.
According to court documents, tests found Demerol, Propofol, Tramadol, Trazodone, Prozac and Benadryl in Haymore’s system after the accident. He had needle marks on his arms from intravenous injections, and police found syringes in his van.
Haymore, who is in drug treatment, voluntarily surrendered his state dental license.
Rick Bella; firstname.lastname@example.org