The estate for Dan Fegan is being sued by a woman who was a passenger in the car accident that killed the NBA agent, claiming she was left in a coma as a result of his negligence.
According to court documents obtained by The Blast, Desiree Olea claims she was in the car on February 25, 2018 when Fegan was driving a rental Kia Sportage in Aspen, Colorado.
She claims Fegan failed to stop at a posted stop sign and crossed into the westbound lanes of a highway, causing the car to be struck by a bus. Fegan died as a result of his injuries.
Olea (who was identified as a nanny by local reports at the time of the accident) claims that Fegan was distracted and on his cell phone at the time of the crash.
In the lawsuit, Olea details the stop sign that she claims Fegan missed that resulted in the accident:
As Decedent Fegan approached the subject intersection, the stop sign was clearly visible and there was no visual obstructions that would have hindered his ability to observe the stop sign. In addition, the stop sign was mounted on a metal pole that is accompanied by red flashing beacon lights that were operational at the time of the accident. In addition, prior to the stop sign there is a warning sign indicating that there is a stop ahead. Despite these warnings, at no time prior to the impact did Decedent Fegan even look to his left to determine if any traffic was approaching.
Olea claims that unbeknownst to her, Dan Fegan had previously been cited in August 2017 for using a wireless device while driving and failing to appear for trial or court appearance.
According to the Aspen Times, the Colorado State Patrol’s final accident report stated that Fegan’s “driving by possibly manipulating an electronic handheld device while operating a motor vehicle.”
In her lawsuit, Olea claims she suffered “severe and permanent” injuries, including “a traumatic brain injury, coma, fractured lumbar spine, pelvic fracture(s), [and] acute respiratory failure.” She says she will need “future medical treatment for the remainder of her life.”
Olea claims she filed a creditor’s claim with Fegan’s estate in November but it went unanswered.
She is suing for negligence, intentional infliction of emotional distress, and assault and battery. Olea is seeking unspecified damages.
As The Blast first reported, Dan Fegan’s will called for his longtime friend and first client, former NBA player Chris Dudley, to be the executor and trustee of his estate.