Driver, car owner sued in fatal Avon crash

Victim’s parents especially hold woman responsible in 2007 high speed chase

By Steve Lynn
Vail Correspondent
Glenwood Springs, CO Colorado
February 8, 2008

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EAGLE — The parents of a man who died in a roundabout crash last year are suing a local woman and a man accused of letting the woman drive his car.

The parents of Matthew Lopez, 23, of Wheat Ridge, are suing Candace E. Calvin, 23, and John J. Cornell III, both of Eagle County.

The lawsuit, filed in December in Eagle County District Court, contends “wrongful death.” Parents may claim “wrongful death” if they think a person is responsible for their son or daughter’s death.

Colorado State troopers said they tried to stop Calvin, who was speeding and weaving in a Honda Accord while headed west on Interstate 70 near Dowd Junction Feb. 22.

After exiting the highway, Calvin reached speeds of more than 100 miles per hour on Highway 6 before hitting a raised median barrier, striking a pole, then rolling through the island of the roundabout at William J. Post Boulevard in Avon, authorities said.
Lopez was pronounced dead at the scene of the crash. A graduate of Wheat Ridge
High School and Community College of Denver, Lopez moved to the Vail Valley to
snowboard and had lived in Avon for six weeks before his death.

Diana and Martin Lopez, of suburban Denver, are suing for the cost of Lopez’s
funeral and burial and have suffered “emotional and psychological injury,” the lawsuit
says. A jury may determine the amount of money the parents get, the lawsuit says.

Cornell knew or should have known that Calvin had a history of alcohol abuse and
that her license had been suspended and should not have let Calvin use his Honda
Accord Feb. 22, the lawsuit says. Calvin and Cornell’s actions were “negligent,
careless and reckless,” the lawsuit says.

Cornell’s number was unlisted and he could not be reached for comment.

Neither he nor Calvin have attorneys, said Jackie Cooper, clerk of court for Eagle
County Combined Courts.

Calvin’s mother, Lee Caretto, said her daughter’s cell phone was disconnected.

Caretto said her daughter is not a criminal and has given several lectures at Battle
Mountain High School in Eagle-Vail about drunken driving since the crash. Calvin
was not ordered by the court to give those speeches, the goal of which are to prevent
drunken driving accidents, Caretto said.

“That’s what this girl is all about,” Caretto said.

Since the crash, Calvin has had positive feedback from people about her speeches,
Caretto said.

“She’s earned her keep here and she’s very, very, very well-loved,” Caretto said.

In January, Calvin pleaded guilty to vehicular homicide. She faces up to eight years
in prison.

During the crash, Lopez was wearing a seat belt and Calvin was not, the State Patrol
said. Calvin’s blood alcohol content was more than double the legal limit of .08,
according to an arrest warrant.

The fatal crash was the second time Calvin had been caught driving while her
license was suspended, but an arrest affidavit does not say why she lost her license.

Calvin is scheduled to be sentenced Monday.

Michael McNally and Carlos Leal, attorneys for Lopez’s parents, did not return phone
calls and e-mails requesting comment on the lawsuit.

Martin Lopez declined comment and Diana Lopez did not immediately return a
telephone message requesting comment Tuesday.


Staff Writer Steve Lynn can be reached at 748-2931 or slynn@vaildaily.com.