The Riddle woman being sued for the wrongful death of her son said claims made in the lawsuit are false.
Rachelle Green said her ex-husband, Kevin Ford, sued her after she filed for custody of their other child last month.
The lawsuit was filed in Douglas County Circuit Court on Oct. 12 seeking nearly $1 million in noneconomic damages. In the documents, the last name of Rachelle Green and her current husband, Kyle Green, is misspelled.
A Marion County man is suing his ex-wife and her husband for the wrongful death of his 12-ye…
Green said she expected a response after she filed for custody, but “I never expected this big of a slap in the face.”
Attempts by The News-Review to reach the Greens for the original story were unsuccessful.
Green said the main claim of the lawsuit is that her son, Payton Ford, was unsupervised while riding an ATV, but the police report proves otherwise.
“Because Kevin was not there. And for his attorney to say that (Payton) was unsupervised, that my husband let him ride unsupervised, that was the first dinger. That he was left for an undisclosed amount of time,” Green said. “Those two things are what pisses me off the most, because they’re just lies.”
Green said her son was never left alone, and that he crashed his ATV while riding with her brother-in-law.
According to the police report, Nathan Watt, the child’s uncle, called 911 around 12:51 p.m. on April 7 to report that his nephew had wrecked his ATV.
Watt told Douglas County Emergency Communications that Payton was breathing but had lost consciousness, according to court documents.
An ambulance arrived on scene around 1:17 p.m. and took the 12-year-old to CHI Mercy Medical Center. Payton was then transported to PeaceHealth Sacred Heart Medical Center at RiverBend in Springfield with a traumatic brain injury, before being sent to Oregon Health and Sciences University in Portland, where he was pronounced dead.
Kyle Green, Payton’s stepfather, told the deputy that his bike ran out of gas, so Watt and Payton rode back to the truck to get a tow strap.
Watt told the deputy that Payton “blew through the corner,” lost control of the ATV and started sliding.
According to the police report, the ATV slid nearly 60 feet before hitting a tree head-on.
The deputy noted that the corner was muddy and had a downhill grade.
Green said her son was wearing proper safety gear — a helmet and riding pants.
She said her sons started out on smaller ATV’s and worked their way up. According to the police report, Watt said that Payton had a year of experience riding the bigger ATV.
Green said when her son crashed, she was about a half-mile away.
“When it all happened I heard yelling, and I said, ‘Something’s wrong,’” Green said. “And I knew that it was my son — just felt it.”
In the police report, a deputy said the case wasn’t criminal in nature and requested that it be cleared.