Mother of boy killed in Wickiup rollover sues Walmart, Forest Service

Published 10:45 am Wednesday, December 8, 2021

Anthony J. Bryant “AJ” Clough

The mother of the 17-year-old boy killed this summer in a crash at Wickiup Reservoir has sued several parties she says played a role in her son’s death, including Walmart, for allegedly selling alcohol to a minor, and the U.S. Forest Service, for allegedly failing to shut down a site of underage drinking.

Lynelle Clough, who watched from the shore as the truck containing the body of her son was towed from the reservoir, is seeking $34 million in a lawsuit filed Thursday in Deschutes County Circuit Court.

“Lynelle Clough waited in agony for hours and then witnessed her son’s drowned body being pulled from the water,” the lawsuit states. “She was subjected to incredible trauma and emotional pain.”

Around 11:30 p.m., June 28, a green 2008 F-150 carrying five teenagers entered Wickiup Reservoir in a rollover crash. One of the occupants, Anthony J. Bryant “AJ” Clough, was unable to escape and drowned.

Police say they learned in their investigation the teens were drinking by their vehicles nearby when one of them declared, “Let’s go drifting,” referring to the driving technique involving intentionally losing traction of the rear tires while accelerating.

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The 17-year-old driver reportedly lost control on a turn near the shoreline and rolled into the reservoir.

Police say he failed several roadside sobriety tests.

The driver is now charged in juvenile court with criminally negligent homicide, driving under the influence of intoxicants, reckless driving and reckless endangering. His trial is scheduled for next year.

The Bulletin does not identify juvenile defendants unless they are charged as adults.

The suit alleges the teenagers procured alcohol at Walmart on Pinebrook Boulevard in Bend using a fake ID. The person who purchased the alcohol was underage at the time, and staff at Walmart failed to adequately verify his age, the lawsuit claims.

The driver and the person who allegedly purchased the alcohol are named as defendants in the lawsuit.

Also named are several government entities with oversight authority at the reservoir: the U.S. Forest Service, U.S. Bureau of Reclamation and the North Unit Irrigation District. The three agencies are accused of failing to supervise and patrol the reservoir, or create a physical barrier to prevent drifting.

Lynelle Clough is represented by Bend law firm Miller & Hopp.

All defendants have yet to respond to the lawsuit.

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