A lawsuit related to a tragic accident that took place during a Jeep tour in southwest Colorado is making headlines around the country.

The lawsuit stems from an incident that took place on September 12, 2022 involving a guided tour in Ouray. A Jeep Gladiator driven by 72-year-old Don Fehd – employed by a local guiding company at the time – traveled off the side of Camp Bird Road after a trip to Yankee Boy Basin, killing Fehd and his two passengers after rolling down a 260-foot descent.

Roughly three years later, families of the two Arizona women who were killed – Diana Robles, 28, and her aunt Ofelia Perez, 60 – are pursuing a lawsuit against the tour guide company and its ownership, as well as Fehd’s estate, according to a report from CBS News.

The report from CBS News states that the lawsuit claims “Fehd was a last-minute replacement driver who likely drank alcohol the night before or the morning of the accident.” The lawsuit claims that Fehd’s blood-alcohol content was 0.027 percent in a post-mortem blood draw, below Colorado’s legal limit for alcohol impairment of 0.08 percent, but still potentially indicating that alcohol may have been consumed.

Meanwhile, a report from The Daily Sentinel indicates that prior filings from the defense have cited a coroner’s opinion that Fehd was not intoxicated at the time of the accident and that the blood alcohol concentration in Don Fehd’s body was due to decomposition and a delay in the refrigeration of his body. In this same piece from The Daily Sentinel, it is also noted that a urine test of Fehd was negative for any substances, per a February 21 dismissal motion.

It’s also worth noting that a report from Colorado State Patrol Criminal Investigations Branch Sergeant Justin Tice stated that while speed and reckless driving were not factors in the crash, careless driving was, as noted by The Daily Sentinel.

The case is working its way through the courts system now – for a more in-depth read about this case, check out reports on the CBS News and The Daily Sentinel websites.

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