Survivors of fatal Lakeville Highway crash involving pizza oven file lawsuits

Survivors of a fatal crash that occurred last year when a nearly 2-ton mobile pizza oven careened across Lakeville Highway and slammed into their car are suing the driver, the oven’s owner and its manufacturers.

Dwayne Usher, 32, of Vallejo was killed in the Aug. 8 crash that injured his two young sons, then ages 4 and 8, as well as a woman in the front passenger seat.

CHP investigators determined a hitch on the trailer carrying the oven disengaged because it was not strong enough to handle the weight. Also, investigators said spring-loaded safety chains were not in place and the trailer was not equipped with an automatic braking system to prevent runaways.

Prosecutors declined to bring manslaughter charges against the driver, Edward Jacobson, then 46, of Petaluma. At the time, he was returning with the oven from an event catered by his employer, Santa Rosa-based Rosso Pizzeria.

Each of the three crash survivors - the two boys and the woman - have filed separate civil suits in Sonoma County Superior Court.

The suits name Jacobson and Rosso Pizzeria owners Kevin Cronin and John Franchetti. Also named is the trailer manufacturer, Campway’s Truck Accessory World, and its owner, Casey Meints.

Each plaintiff is seeking unspecified damages.

“The boys are young,” said attorney Yolanda Bachtell, who represents one of Usher’s sons, Anthony. “They are going to have to grow up without a father. There isn’t a way to put a value on that.”

Rosso Pizzeria has filed a cross-complaint against the trailer maker, alleging manufacturing defects.

The owners could not immediately be reached Thursday. Their lawyer did not return a call.

Jacobson was behind the wheel of a 1997 Chevrolet van pulling the trailer when the trailer came loose and careened across the road.

Usher was stopped on Old Lakeville Road No. 3 in a silver Honda Accord when the runaway trailer smashed into his car, crumpling its side and flipping the car onto its roof.

Usher died at the scene. His son Devin was flown to Children’s Hospital Oakland, and his son Anthony was treated at Santa Rosa Memorial Hospital and released. The passenger, Ariel Motta, 34, of Vallejo, also was treated for her injuries.

A CHP spokesman said the trailer’s hitch coupler was rated to pull 3,500 pounds, 450 pounds less than the weight of the pizza oven.

You can reach Staff Writer Paul Payne at 568-5312 or paul.payne@pressdemocrat.com.