The suit further alleged that at the time of the accident the weather was freezing. There were patches of snow and ice upon the roadway and fog in places. Yet, the driver did not adequately slow the bus to a safe speed given the hazardous conditions present. As a result, in the vicinity of mile marker 227 on I-84, driver Hwang lost control of the tour bus as it began to slide erratically from side to side, then spun 360 degrees to crash through a guardrail to flip end-over-end as it careened hundreds of feet down a steep embankment on Deadman Pass a few miles east of Pendleton, Oregon. Nine people died and dozens more were injured.
The complaint alleges: "While the bus was not outfitted with seat belts, neither of these plaintiff boys was ejected. Chae was knocked unconscious and An fainted. When they recovered consciousness, they awoke to a nightmarish scene of dead and wounded passengers, people screaming and crying all around them; some pinned in the bus, while others lay crying and yelling for help both inside the bus and strewn in the snow outside. The boys did what they could to assist others and then when help arrived they eventually made their way back up to the highway where they were taken by ambulance to St. Anthony Hospital in Pendleton, Oregon."
"The emotional trauma experienced in the accident, in observing the blood, gore and death frequently causes Post-Traumatic Stress Disorder (PTSD)," a Vietnam veteran himself, Herrmann opined "it's a common problem suffered by many veterans, this accident was every bit as horrific as some combat experiences.
Herrmann gained an international reputation for successfully representing literally hundreds of victims in accident disaster cases over the last 30 years. His role in cracking the 1983 shoot down of Korean Air flight KAL 007 by a Soviet Mig over Sakhalin Island was portrayed in the HBO movie " Tailspin" and featured in the book "Death of 007."These two boys were released after approximately 8 hours of treatment and observation at the hospital and then treated over the following 3 days at a hotel arranged by the Red Cross before being transported back home to Tacoma. "I understand it will take several months for doctors to fully assess their injuries," Attorney Herrmann concluded.