The family of a CHP officer killed in a crash last summer near Paso Robles has filed a lawsuit against the woman they claim was negligent for allegedly driving while on methamphetamine.
Patrol Officer Brett Oswald’s wife, Marlena, filed a wrongful death lawsuit along with Oswald’s parents against Kaylee Weisenberg last week in San Luis Obispo Superior Court.
Weisenberg, who has been charged with second degree murder among other charges, is allegedly responsible for the crash that killed Oswald.
The plaintiff’s lawyer, James Murphy, said Weisenberg, who is in County Jail, hasn’t yet been served with the suit. But Murphy said his office plans to do so by next week.
“This isn’t about money,” Murphy said. “It’s about standing up and exposing the egregiousness of her behavior.”
Murphy said the lawsuit was filed in part to obtain depositions from witnesses who may shed light on Weisenberg’s behavior, including alleged drug use, adding that “the passage of time results in a loss of critical evidence.”
Oswald’s family may possibly establish a trust or foundation to help aspiring CHP officers receive financial support for training, Murphy said.
Murphy said Allstate Car Insurance insured Weisenberg and made the family a settlement offer, but he wouldn’t talk about the specific amount. Allstate spokesman Jim Klapthor said the company does not comment on litigation.
The civil lawsuit represents only one side of the story.
Weisenberg, 23, has been charged with four counts, including second degree murder, for allegedly causing the June 27 wreck that killed Oswald, who was inspecting a vehicle on South River Road near Paso Robles, according to authorities. She has pleaded not guilty.
Weisenberg was driving with a “high level of methamphetamine” in her blood at the time of the crash, according to authorities.
A judge ruled after a preliminary hearing last month that sufficient evidence had been presented to proceed to trial, which is pending.