Injured Frier Sues Smith, City Of Kirkland

Former Seattle Seahawk Michael Frier is proceeding with plans to sue ex-teammate Lamar Smith and the City of Kirkland over the 1994 car accident that left him paralyzed from the waist down.

Frier today filed a lawsuit against Smith in King County Superior Court and a claim that starts a lawsuit against the City of Kirkland.

The claim states that the city was negligent because it didn't put lights and reflective signs on the median island that Smith's vehicle crossed before it slammed into a utility pole and a tree the night of Dec. 1, 1994. Frier, 26, a defensive tackle, was a passenger in the vehicle.

"It's a hazard," Mike Withey, one of Frier's attorneys, said yesterday. "You could ride into this thing and never know you're about to hit it."

The lawsuit and claim seek damages for Frier's extensive medical and rehabilitation bills, long-term quadriplegic care and lost wages, among other things. A specific amount has not been set.

The accident happened at 108th Avenue Northeast in Kirkland, near Seahawk headquarters.

King County Prosecutor Norm Maleng has alleged that Smith drank at least five beers and five scotch drinks in the three hours before the accident.

Smith is due to stand trial Monday in King County Superior Court on a felony charge of vehicular assault. If convicted, he would face a standard sentencing range of three to nine months in jail.

Seahawk running back Chris Warren, who also was injured in the accident, told police that he, Smith and Frier had played pool and drank beer at two Kirkland nightspots before the accident.

Gail Gorud, Kirkland city attorney, declined to comment on the specific allegations in the claim.

"We're sorry about what happened to Mr. Frier, but the public of the City of Kirkland bears no responsibility for this accident," she said.

Smith's lawyer, Allen Ressler, said he had not seen the lawsuit but said it was "probably the more appropriate thing to happen than this criminal case."

Ressler said a claim against Kirkland was appropriate because "our investigation suggests that the design of that roadway played a significant part" in the accident.

Frier, now 26, lives with his father in Bellevue. He moves around in a motorized wheelchair and undergoes rehabilitation at the University of Washington three days a week.

Information from The Associated Press is included in this report.