Lawsuit filed in fatal accident that occurred on I-35 near Tonkawa

April 13, 2024 | Courts

NEWKIRK — A lawsuit has been filed in connection to a fatal accident that occurred on Interstate 35 south of Tonkawa on Jan. 4, 2022.

The crash killed two and involved four vehicles. (see story)

According to court documents, killed in the crash were 21-year-old Kyra Ray and 22-year-old Xavier Mitchell.

Xenia Robertson, who is appointed Special Administrator of thier estate has filed a negligence suit against Wheel-A-Rama Inc., Dal Leroy Marical, Dale Brown Inc. d/b/a Brown Transportation, Jeffery Warren Payne, TNT Transit LLC, Gloria Ann Grey, Nissan North America, Inc; and ACB Company.

Court documents indicate that the victims were California residents, and not Kansas as previously reported by the Oklahoma Highway Patrol.

The pair were traveling through Kay County on I-35 in a 2016 Nissan Sentra owned by Ray.

Mitchell was reportedly driving the vehicle at 4:35 a.m. wen the dashboard lights went out and the car lost power. As a result the driver was unable to steer or maneuver the vehicle and the Nissan hit the concrete barrier on the right shoulder.

Ray reportedly called her mother and told her they were on the side of the road. Mitchell reportedly exited the vehicle while Ray stay inside. Mitchell reportedly removed his shirt and began waving at once that oming traffic because there were no working lights.

Soon after vehicles driven by Marical, Grey and Payne reportedly struck the disabled Nissan and Mitchell. Mitchell and Ray were killed and their vehicle destroyed. Court proceedings are taking place in Kay County District Court.