Attorney’s for the estate of a Cranberry Township man who died in December 2022 when his vehicle was struck by a rented U-Haul truck driven by an intoxicated man, argued in court that the attorney representing the defendant should be replaced because he also represents U-Haul and it’s insurance company.

The attorneys representing Jennifer Forsyth, the administrator of Bertram Forsyth’s estate, argued Thursday, Oct. 9, in Butler County Common Pleas Court that defendant Darren M. Martin, 37, of Aliquippa should be appointed a new attorney.

Forsythe filed the suit against Martin in November 2024 after filing a negligence and wrongful death suit in November 2023 against U-Haul. The suit against U-Haul remains active.

Martin pleaded guilty to a felony charge of homicide by vehicle while driving under the influence and a misdemeanor charge for his third DUI offense, and was sentenced in December 2023 to a total of 9 years and 7 months to 21 years in prison.

Martin is being represented by attorney Richard Wickersham Jr.

Attorney Jonathan Gresk argued that Wickersham should be replaced because he also represents U-Haul and Republic Western Insurance Company, which is owned and operated by U-Haul.

According to a July petition filed by attorney Monte Rabner, who also represents Forsyth, an attorney acting without conflict and in Martin’s best interests likely would have pursued a judgment against U-Haul and Republic arguing Martin is entitled to broader insurance coverage because he was permitted to use the truck, and a cross-claim against U-Haul for negligently entrusting him with a vehicle while he was visibly intoxicated.

Republic claims Martin is entitled only to the $15,000 statutory minimum in liability coverage as if he was a standard paying customer, even though the debit card he tried to use to rent the truck was declined and the check he used was later returned due to insufficient funds, according to the petition. Rabner argues that Martin was a permitted user since he paid nothing to rent the truck.

Gresk argued that U-Haul is directing the defense of the suit against Martin.

In a statement filed in October, Wickersham said he told Martin that he represents U-Haul and Republic, and Martin provided a written and oral waiver of any conflict of interest.

He said Martin waived any conflict of interest a second time after he gave him a copy of Rabner’s petition.

Wickersham also argues that Rabner and Gresk’s conflict of interest claim is dubious.

“Plaintiff sought this petition because her attorneys are trying to obfuscate their own legal malpractice in representing the estate of Bertram Forsyth by failing the pursue the very legal claims they seek to bully Mr. Martin into pursuing,” Wickersham said in a motion he filed in July.

Attorney Amy J. Coco, who represents lawyers, judges and law students, testified on behalf of Forsyth, saying Wickersham representing Martin and U-Haul is an “unwaivable conflict.”

She said Martin has potential claims against U-Haul.

Because Martin was not able to attend in the hearing remotely from prison, Judge Kelley Streib said she would reconvene the hearing possibly in two weeks to give him the opportunity participate. She did not rule on the motion to appoint a new attorney for Martin.