The Wrongful Death Blog The best information about wrongful death cases

20Dec/080

Parents of woman killed in crash with deputy settle with county

The family of an 18-year-old woman who was killed in 2007 in an automobile crash involving a retired Portage County Sheriff’s Department deputy settled its wrongful death lawsuit against the county.

According to Blair Ward, the county’s deputy corporation counsel, the parents of
Mindy Erickson settled with Wisconsin County Mutual Insurance for about $366,000. Mindy was killed in October 2007 in a three-car crash near the intersection of Nebel and Division streets in Stevens Point.

Patrick Dunphy, an attorney for James Erickson, filed the notice of dismissal Nov. 17.

“The Erickson’s attorney and the insurance company reached a settlement in exchange for dismissal of the lawsuit,” Ward said. “This is how most civil suits are resolved.”

Messages left with Dunphy were not returned.

Erickson’s parents filed a wrongful death suit seeking $300,000 separately or $600,000 together, plus an additional $50,000 for each parent, alleging the Sheriff’s Department’s did not have a driving policy that could have prevented the crash and around $16,000 for funeral expenses.

Sgt. Ken Tschudy was responding to a call in Plover and driving at excessive speeds, according to an investigation conducted by the Wisconsin State Patrol, when his car
struck Erickson’s. A third driver in the crash was treated for minor injuries.

This fall Tschudy pleaded no contest to failure to drive under safe and appropriate conditions as the operator of an emergency vehicle and failure to obey a traffic signal. Felony reckless homicide by negligent operation of a vehicle charges were dropped.

Other stipulations within the plea agreement included a forfeiture of $674 and restitution of $4,700. Tschudy also was required to make and release a statement, and conduct a forum focusing on driving laws, with Mindy’s mom Nancy for Portage County law enforcement and emergency personnel.

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