NAMPA, Idaho — The wife of a man who died when a car went off an Interstate 84 overpass and landed on his pickup has filed the precursor to a lawsuit against the Idaho Department of Transportation.

The Idaho Press-Tribune reports (http://bit.ly/2c0cK6w ) that Patty Pew filed a tort claim seeking damages exceeding $50,000 related to her husband John Pew’s death. If the claim is rejected, Pew can file a lawsuit against the agency.

John Pew died at a local hospital after a Chevrolet Impala driven by 21-year-old Tyler Callahan of Weiser went off the overpass March 29. Idaho State Police spokeswoman Teresa Baker said Thursday the crash is still being investigated.

Callahan has not been charged in connection to the incident. The Canyon County Prosecuting Attorney’s Office cannot consider legal action until the investigation is finished.

The tort claim argues that since there was no concrete barrier between the eastbound and westbound lanes of traffic on I-84, Callahan’s vehicle was free to go airborne.

“It just shouldn’t have happened, you know?” Patty Pew said in June. “And I wonder how come there was no barriers, so that wouldn’t happen, you know? Why didn’t the State of Idaho put barriers there?”

The Idaho Department of Transportation has 90 days to respond. Not responding in that timeframe is considered a denial.

The Idaho Transportation Department deferred comment to the Idaho Department of Administration Risk Management Program, which did not respond to requests for comment.


Information from: Idaho Press-Tribune, http://www.idahopress.com