WILLMAR - David and Mildred “Susie” Frank were heading home from dinner in Pennock one night in July when everything changed.

As they traveled in their vehicle along Kandiyohi County Road 1, another person traveled down County Road 27, cruise control set at 56.5 miles per hour, according to court documents.

The other driver reportedly wasn’t familiar with the area. He allegedly ran a stop sign at the intersection of the two rural roads and didn’t see the car driven by David Frank approaching. He didn’t have time to break, he told Kandiyohi County sheriff’s deputies.

The collision that followed left David Frank dead at the scene. Susie Frank was later pronounced dead at Rice Memorial Hospital in Willmar.

The other driver, Matthew Gingery, 41, of Ozark, Missouri, is facing misdemeanor criminal charges: careless driving and failure to stop at a stop sign.

He’s also facing a wrongful death lawsuit from David and Susie’s son, Michael Frank.

In the civil complaint, dated Jan. 12, Michael Frank argues that Gingery operated his vehicle in a negligent manner.

“As a direct result of the negligent conduct of Matthew Gingery, David Frank and Mildred Frank lost their lives,” the complaint says.

Michael Frank is asking for damages of $100,000 in total.

The criminal complaint for the misdemeanor charges says Gingery did not have alcohol in his system at the time of the crash. One deputy noted he was fully cooperative with the investigation.

According to court records, cell phone records confirmed Gingery had not been calling or texting at the time of the collision - and that the only call he had made was 911, right after the collision around 9 p.m. July 12.

Gingery’s next appearance for the criminal charges in Kandiyohi County District Court is a hearing set for Feb. 18.

A jury trial is set for Feb. 24 and 25.

No hearings have been scheduled for the wrongful death lawsuit civil proceedings at this time.

The rural intersection where the crash occurred was the site of at least one other fatal accident, according to Tribune archives. One woman was killed in a crash there over Labor Day weekend in 2012.

It is an intersection of two paved county roads, but there are stop signs only for the east- and westbound traffic traveling on County Road 27.

The county Public Works Department received calls from the public about the safety of the intersection after the July crash that killed the Franks. At that time, the stop sign along County Road 27 was enlarged and a white stop bar added to the sign, according to Tribune archives. The stop sign also was placed farther back from the intersection.