The widow of a Butler County man who was killed in December when his vehicle was struck by a U-Haul truck in Cranberry Township is suing the company for renting the truck to the driver because he had two driving under the influence convictions before the fatal crash.

Jennifer Forsyth, wife of the late Bertram Forsyth, filed the suit last week against U-Haul seeking unspecified damages in excess of $35,000. The suit seeks a jury trial in Butler County Common Pleas Court.

Bertram Forsyth was 46 when he died at the scene of the three-vehicle crash at the intersection of Route 19 and Ehrman Road.

Not named as a defendant in the suit is Darren Martin, 35, of Aliquippa, who is scheduled to be sentenced Dec. 8 for homicide by vehicle while DUI and his third DUI offense that township police filed following the Dec. 4, crash that claimed Forsyth’s life.

The suit contends U-Haul did not check Martin’s driving history before renting him a truck for seven days from U-Haul Moving and Storage of Center Township at the Beaver Valley Mall in Monaca, Beaver County, on Dec. 3.

As of Dec. 4, according to the suit, Martin had two previous DUI convictions and had been convicted of at least nine traffic violations, including at least two speeding violations in the three preceding years.

Police said the Ford E-450 U-Haul truck Martin was driving struck Forsyth’s vehicle as it was entering Route 19 from Ehrman Road.

Witnesses told police that a man, later identified as Martin, was driving north on Route 19 when he drove through a red light at a high rate of speed and hit two other vehicles, police said in an affidavit.

Witnesses also reported to police that the truck made a careless U-turn at the intersection of Route 19 and American Way, proceeded to travel north on Route 19, and ran a red light at the intersection of Route 19 and North Boundary Road just before the crash, police said.

Forsyth suffered blunt force trauma to his head, neck, truck, pelvis and lower extremities in the crash. He was pronounced dead at the scene.

An officer reported detecting a strong odor of alcohol coming from Martin following the crash and said Martin performed poorly on field sobriety tests. A preliminary breath test that Martin took indicated the presence of alcohol, police said.

A police sergeant who serves as a drug recognition expert also conducted field sobriety tests and noted the possible presence of a drug because Martin had constricted pupils, police said. Martin did not consent to a blood test, so a search warrant was obtained for a blood test at a hospital, police said. The blood was sent to a lab for alcohol and drug tests.

In addition to homicide by vehicle while DUI and homicide by vehicle, Martin was charged with DUI with a blood alcohol content between 0.10% and 0.16%, driving under the influence of a controlled substance, driving under the influence of drugs and alcohol, recklessly endangering another person, involuntary manslaughter and summary traffic violations for failing to stop at a red light and reckless driving.

At a Nov. 1 status conference, Martin pleaded guilty to homicide by vehicle while DUI and DUI with a blood alcohol content between 0.10% and 0.16%.

A driver with a blood alcohol content of 0.08% or more is considered legally drunk in Pennsylvania.

The suit includes claims of negligence and negligent entrustment, vicarious liability and wrongful death against U-Haul.

Neither U-Haul nor Forsyth could be reached for comment about the suit.