Cop struck by sleeping driver files lawsuit
A former Tigard police officer injured in a car crash in Hillsboro in 2017 is suing the man who injured him and the man's former employer for more than $23 million.
Matthew Barbee and his wife Sherrie Utley-Barbee have filed a $23.6 million lawsuit against Darby McBride and Russ Auto Inc., which operates Beaverton Toyota, 4300 S.W. Murray Blvd., arguing the business was negligent in its duties. McBride, 23, fell asleep at the wheel while returning home from work on Dec. 14, 2017. McBride crashed into Barbee, who was off duty and had pulled off to the side of the road along U.S. 26 to fix a flat tire. Barbee's injuries were severed and he was laid off from the Tigard Police Department after he was unable to return to work.
Barbee had worked with the Tigard Police Department since 2006.
McBride was convicted of assault, criminal mischief and reckless driving in 2018. He told investigators he suffered from narcolepsy.
According to the lawsuit, McBride had been at work since 5 a.m., but had felt pressured to attend the company's end-of-year party at a local bar. He left the bar shortly before 1 a.m. the next morning.
The lawsuit claims his bosses knew McBride was schedule work the next day, and that he suffered from narcolepsy and that he was not taking medication for it.