Byers’ case dismissed in summary judgment
The Iowa District Court for Crawford County ruled in a summary judgment to dismiss Ann and William Byers' case against the county for defamation and intentional infliction of emotional distress following the 2005 death of their son, Justin Byers.
The Byers' claimed that the premature release of preliminary autopsy results, stating suicide as the manner of death in their son's accident, by Dr. Dennis Crab, medical examiner, resulted in extreme emotional distress.
Chapter 670 of the Iowa Code allows civil law suits to be brought against governmental subdivisions if liability is proven.
The civil wrongdoing must result in wrongful death or injury to a person and may be based upon negligence, error or omission, nuisance or breach of duty.
The Court based its decision, in part, on Chapter 331.802 that states, "If a person's death affects the public interest, the county medical examiner shall conduct a preliminary investigation of the cause and manner of death, prepare a written report of the findings. A death affecting the public interest includes... Violent death, including homicidal, suicidal, or accidental death."
The case was dismissed because the Byers' did not prove Dr. Crabb and Crawford County were acting outrageously either in depositions or affidavits.
Summary of Events
* June 11, 2005: Iowa National Guardsman Spc. Casey Byers, 22 of Schleswig a member of the 224th Engineer Battalion, is killed, with two other Guardsmen, while on duty in Iraq.
* June 20, 2005: Justin Paul Byers, 19, younger brother of Casey, dies after being involved in a late night pedestrian versus vehicle accident.
* June 22, 2005: Dr. Dennis Crabb, Crawford County Medical Examiner, releases a preliminary report that Justin Byers' death was intentional - a suicide. The final report rescinded the former statement and ruled the death accidental.
* December 30, 2005: Brandon N. Laubscher, 23 of Vail, is charged with supplying alcohol or beer to a person under legal age, resulting in the death of a person, a Class D felony.
* July 14, 2006: Ann and William Byers, parents of Justin and Casey Byers, file a civil suit against Crawford County and Dr. Crabb claiming defamation and the intentional infliction of emotional distress.
* February 27, 2007: Following a motion by Crawford County, the defendant, The Iowa District Court ruled in a summary judgment in favor of the defendant, concerning the defamation claim. According to the U.S. Department of Justice, a summary judgment is "a decision made on the basis of statements and evidence presented for the record without a trial. It is used when there is no dispute as to the facts of the case." According to the ruling at that time, the court declined to find, as a matter of law, that the defendants' conduct was not outrageous (a key component in establishing intentional emotional distress).
* March 26, 2007: Laubscher plead guilty to supplying alcoholic liquor or beer to a person under legal age, resulting in serious injury to a person, an aggravated misdemeanor. He was sentenced to serve 30 days of a two-year sentence, which would subsequently be suspended, in the Crawford County Jail, then two years probation.
* October 17, 2008: Following a second motion for summary judgment by Crawford County The Iowa District Court dismissed the Byers case at their cost.