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Published December 13, 2013, 08:06 PM

A civil case involving fatalities of two children has been settled out of court

A civil case involving a traffic accident where two children were killed has been settled out of court. The accident happened two years ago in December on Highway 2 at the intersection just south of the Grand Forks International Airport.

By: David Schwab, WDAZ

A civil case involving a traffic accident where two children were killed has been settled out of court. The accident happened two years ago in December on Highway 2 at the intersection just south of the Grand Forks International Airport.

The father of the children, Kevin Boyer Junior, alleged a truck driver was under the influence of a drug and driving more hours than legally allowed.

Truck driver Steven Nelson was sentenced back in September of 2011 to a year in jail, most of that he served at home wearing a monitoring device. His was sentenced for the charges of two counts of negligent homicide and one count of aggravated reckless driving.

Nelson was driving a semi when he failed to stop at the intersection and struck the Boyer's van on the driver's side killing 8-year-old Kaylee-Jo Wyatt and 5-year-old Kevin Boyer the 3rd.

The civil law suit was scheduled to go to trial next week. The parents of the two children killed in the accident sued the truck driver, his employer and United Parcel Services who owned the semi trailers. The Boyers sought personal injury damages, including medical and emotional costs, as well as punitive damages, against Nelson and Simplex leasing, which owned the truck and hired Nelson, and UPS, the settlement's financial terms were not disclosed in court documents.

Kevin Boyer junior declined to comment. The main attorneys in the case could not be reached for comment as both were out of the office.

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