Only one defendant remains in the lawsuit brought by the family of Amanda Jax, the Twin Cities woman whose extreme drunkenness killed her after a night out with college-age friends to celebrate her 21st birthday.
The attorney for Jax's family said Friday that four of the friends who were with Jax on Oct. 29, 2007, in a Mankato bar are no longer defendants in the wrongful-death lawsuit filed in Blue Earth County. The four are: Kathryn A. Lensing of Rochester; Richard T. Johnson of Mankato; Jonathan R. McIntyre of St. Paul; and Per David Kvalsten of Durbin, N.D.
The lone defendant is the now-defunct Sidelines Bar and Grill, where Jax and her friends were drinking.
A fifth friend, Hannah Becker, of Monticello, Minn., also has had claims dismissed against her but in a separate arrangement. Lensing, Johnson, McIntyre and Kvalsten have agreed not to speak publicly about the case. Becker and her attorney, Mark Solheim, are not bound by such a restriction.
"Plaintiffs brought this Minnesota wrongful death litigation against the friends of Ms. Jax in order to learn more about the events leading up to Ms. Jax's death and in an effort to address the problem of binge drinking by college-age students," Chad Schulze, the attorney for Jax's family said in a news release Friday. However, he said, the plaintiffs have determined that it's not in the best interests of any of the parties to pursue the claims against some of her friends.
On the evening before Jax's alcohol-poisoning death, the friends bought her one drink after another in less than two hours at the bar. She was taken back to Becker's apartment, where she died the next day.
An autopsy found Jax's blood-alcohol content was nearly 0.46 percent, nearly six times the level used to determine drunkenness in drunken-driving cases.
In its claims against the bar, the Minnesota wrongful death suit says bartender Beau Ryan ignored "Amanda's obvious state of intoxication."
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MINNEAPOLIS -- Lawsuits were filed today in Hennepin County District Court on behalf of three individuals who were injured and the family of one who was killed in the Interstate 35W bridge collapse in Minneapolis.
Negligent engineers?
The lawsuits claim negligence, breach of contract and a violation of professional standards on behalf of URS Corporation, a California based engineering firm, which had contracted with MnDOT to perform inspections and expert engineering analysis of the 35W bridge going back to 2004.
The lawsuits were brought by the Minneapolis law firm of Schwebel, Goetz & Sieben Schwebel says URS missed warning signs in bent and corroding gusset plates, which had whittled down to a quarter of an inch, that led to the collapse.
"You've got a situation here where you've got both ends of a fracture-critical member that are compromised," Schwebel said. "URS did not act on this information."
PCI Corporation, the contractor working on the bridge deck at the time of the collapse, was also named as a defendant. The suit claims that PCI’s excessive loading of materials on the bridge, its removal of critical bridge deck elements and its failure to do any engineering analysis, contributed to causing the collapse.
Wrongful death on behalf of Paul Eickstadt
Wrongful death is also claimed in the complaint filed on behalf of Paul Eickstadt and his next of kin.
Eickstadt, 51, is the only individual named in the lawsuits who was killed in the bridge collapse. He was driving a truck that was engulfed in flames immediately after the collapse.
Thirteen people died and 145 were injured when the bridge collapse on August 1, 2007. The suits will be filed on behalf of three of the injured and the family of one of the dead.
Thursday, the NTSB is releasing its official findings of the cause of the bridge collapse. Leaked reports say that too-thin gusset plates are to blame.
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MANKATO, Minn. (AP) A friend of the Minnesota State University student who drank herself to death is no longer a defendant in the resulting wrongful death lawsuit.
Hannah Becker is also an MSU student and one of five friends of Amanda Jax who were originally named by Jax's family in the lawsuit.
Becker's attorney, Mark Solheim, says it was proper for the Jax family to dismiss his client because there's no legal basis for suing a drinking companion.
Amanda Jax celebrated her 21st birthday by drinking with friends until her blood-alcohol level reached 0.46 percent. The official cause of death was alcohol poisoning.
Four friends remain as defendants, as do two bar owners.
A jury Minnesota Wrongful Death trial is scheduled for late July.
Information from: The Free Press,
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Nineteen years ago, retired car dealer Owen Lynch was gunned down at his North Minneapolis home.
Glenn Greene, who was 17 at the time, pleaded guilty to pulling the trigger and remains locked up.
But the man accused of putting the gun in Greene's hand and driving him to Lynch's house, Patrick Carline, was acquitted of first-degree murder in a later trial, a verdict that hasn't gotten any easier for Lynch's oldest son to reconcile.
"You think after time things don't bother you? It doesn't go away," Mark Lynch, the oldest of Lynch's 12 children, said this week.
A year ago, Mark Lynch, now 64, filed a civil lawsuit in Hennepin County District Court against Carline for his father's death. The standard of proof in a civil case is lower than the criminal requirement of guilt beyond a reasonable doubt.
In late August, a jury determined that a "preponderance of evidence" showed that Carline "willfully and wrongfully" caused Owen Lynch's death on Sept. 8, 1989. The jury awarded the Lynch family survivors $300,000 in compensatory damages.
But District Court Judge John McShane reversed a decision he had made earlier in the trial and declined to let the jury consider punitive damages against Carline, who maintains he had nothing to do with the killing.
The Lynch family attorney in the case, Richard Malacko, will ask McShane to reconsider today. If McShane rules against them again, Mark Lynch said he intends to ask the state Court of Appeals for a new trial so a jury can consider punitive damages.
A civil lawsuit after a criminal acquittal is unusual, despite similar high-profile cases such as those involving O.J. Simpson and actor Robert Blake. Most murder defendants are indigent, so there is little point in pursuing a case for monetary reward.
But Mark Lynch said he needed to do something. "To get some money is great, but to get it on the public record is important," he said.
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In a brief hearing today, the family of the late Owen Lynch argued for punishment for the man they say caused his murder 19 years ago.
Lawyer Richard Malacko said Patrick Carline has never been punished for his crime. In late August, a Hennepin County District Court jury determined in the civil case that Carline "willfully and wrongfully" caused the death of Lynch.
Lynch and Carline were occasional business partners. Lynch was gunned down in his North Minneapolis home in September 1989. Glenn Greene, who was 17 at the time, pleaded guilty to pulling the trigger in what was to be a robbery of Lynch. But Greene said the robbery was Carline's idea.
Greene said that Carline picked him up from school, handed him a loaded gun and drove him to Lynch's home. Carline, however, was acquitted of murder in a later trial.
A year ago, Lynch's oldest son, Mark Lynch, filed a civil lawsuit against Carline seeking to hold him responsible for the death. A jury awarded the family $300,000 in compensatory damages.
District Court Judge John McShane, however, reversed his previous ruling and declined to let the jury consider punitive damages against Carline.
Malacko argued today for a new trial on the issue of punitive damages. Carline still hasn't been punished and a jury should hear some additional evidence, Malacko said.
McShane asked, "What do you say to deterrence, that punitive damages are supposed to be a deterrent?" He said that Carline hasn't committed another criminal act.
Malacko said we are a society of laws and people need to know that when they participate in a crime, they will be held accountable. "We need to send a message," he said.
McShane asked whether the potential for prison time wasn't a deterrent.
Malacko said, "To some people time is not important, money is."
McShane said he would rule "expeditiously" on the matter,
After the hearing that lasted less than 10 minutes, Malacko said Carline had committed a crime -- receiving stolen property.
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A federal judge has dismissed a wrongful-death lawsuit against Sherburne County filed by the family of a man who was murdered more than two years ago while in the county jail.
U.S. District Court Judge Richard H. Kyle on Wednesday dismissed the claims in federal court, but they could be pursued in state court.
The lawsuit was filed by the family of Carl Moyle, who was beaten to death in August 2006 by a fellow inmate. Moyle had been arrested and brought to the jail on suspicion of driving without insurance.
The lawsuit accused the county, several jail officials and Sheriff Bruce Anderson of not properly assessing the risk inmate Bruce William Christenson posed to others. Christenson pleaded guilty to beating Moyle on Aug. 8, 2006.
Christenson was in the county jail for a pretrial hearing on an accusation that he had used a razor to slash the back of the neck of another inmate at the Minnesota Correctional Facility-St. Cloud while serving a nine-year prison sentence for aggravated robbery. Christenson was moved to the Sherburne jail on the day of Moyle’s death.
The lawsuit claims sheriff’s officials improperly put Christenson in a housing unit for low-risk inmates. But records associated with the federal lawsuit indicate that prison officials at the Department of Corrections didn’t provide any information to the Sherburne County Jail about how dangerous Christenson was or his history of violence in and out of prison. Jail officials had to rely on an intake interview.
At the time the lawsuit was filed, Moyle’s family was seeking $30 million in compensatory and punitive damages.
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In a brief hearing today, the family of the late Owen Lynch argued for punishment for the man they say caused his murder 19 years ago.
Lawyer Richard Malacko said Patrick Carline has never been punished for his crime. In late August, a Hennepin County District Court jury determined in the civil case that Carline "willfully and wrongfully" caused the death of Lynch.
Lynch and Carline were occasional business partners. Lynch was gunned down in his North Minneapolis home in September 1989. Glenn Greene, who was 17 at the time, pleaded guilty to pulling the trigger in what was to be a robbery of Lynch. But Greene said the robbery was Carline's idea.
Greene said that Carline picked him up from school, handed him a loaded gun and drove him to Lynch's home. Carline, however, was acquitted of murder in a later trial.
A year ago, Lynch's oldest son, Mark Lynch, filed a civil lawsuit against Carline seeking to hold him responsible for the death. A jury awarded the family $300,000 in compensatory damages.
District Court Judge John McShane, however, reversed his previous ruling and declined to let the jury consider punitive damages against Carline.
Malacko argued today for a new trial on the issue of punitive damages. Carline still hasn't been punished and a jury should hear some additional evidence, Malacko said.
McShane asked, "What do you say to deterrence, that punitive damages are supposed to be a deterrent?" He said that Carline hasn't committed another criminal act.
Malacko said we are a society of laws and people need to know that when they participate in a crime, they will be held accountable. "We need to send a message," he said.
- Read More -
In a brief hearing today, the family of the late Owen Lynch argued for punishment for the man they say caused his murder 19 years ago.
Minnesota Wrongful Death Lawyer Richard Malacko said Patrick Carline has never been punished for his crime. In late August, a Hennepin County District Court jury determined in the civil case that Carline "willfully and wrongfully" caused the death of Lynch.
Lynch and Carline were occasional business partners. Lynch was gunned down in his North Minneapolis home in September 1989. Glenn Greene, who was 17 at the time, pleaded guilty to pulling the trigger in what was to be a robbery of Lynch. But Greene said the robbery was Carline's idea.
Greene said that Carline picked him up from school, handed him a loaded gun and drove him to Lynch's home. Carline, however, was acquitted of murder in a later trial.
A year ago, Lynch's oldest son, Mark Lynch, filed a civil lawsuit against Carline seeking to hold him responsible for the death. A jury awarded the family $300,000 in compensatory damages.
District Court Judge John McShane, however, reversed his previous ruling and declined to let the jury consider punitive damages against Carline.
Malacko argued today for a new Minnesota Wrongful Death trial on the issue of punitive damages. Carline still hasn't been punished and a jury should hear some additional evidence, Malacko said.
McShane asked, "What do you say to deterrence, that punitive damages are supposed to be a deterrent?" He said that Carline hasn't committed another criminal act.
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Illinois' complicated relationship with the death penalty began in the late 1990s when 13 men on death row were found to have flawed convictions and, in several cases, were innocent.
In response, then-Gov. George Ryan, a Republican and a longtime death penalty supporter, declared a freeze on executions, announcing in January 2000 that no executions would proceed until the system was reformed. (Ryan later concluded that the system was beyond reform and commuted all death sentences during his tenure.) Reforms included the establishment of the Capital Litigation Trust Fund, also in January 2000.
Concern arose about lack of control over the fund in 2004, when media reports revealed unchecked expenses in the murder retrial of Cecil Sutherland of downstate Dix. The retrial was handled by Minnesota wrongful death attorney John Paul Carroll, who submitted about $2 million in expenses. Legislators were infuriated at some of his bills, including the fact that he charged $135.68 an hour for the time it took to pack his van in Minnesota and drive to Illinois.
Today, Carroll still defends his bills as the cost of death penalty reform. "If you want (a death penalty), you're going to have to pay for it," he said. "… This is the ultimate punishment. You can't bring them back."
Nonetheless, furious lawmakers established new rules. Now judges in each case must preapprove all hourly rates and defense attorneys' estimated budgets for the entire case.
However, those reforms left some wide loopholes.
Experts can apply their full fees even to nonexpert tasks: photocopying documents, transporting files, making hotel reservations. One ballistics expert's vouchers show he once charged his $300 hourly rate to "return evidence" to another member of the defense team — $150 for 30 minutes.
"It's absolute insanity," says Lyons, the Peoria prosecutor. "This should be called the 'open checkbook fund.'"
Not at the news that nobody knew where his mom was. Not at the weekend expeditions when his cousins would drive out into the Northern California farmland, digging for the woman who disappeared.
Paul Wulff never cried, not when he went through junior high as somebody different, the kid with the bizarre family tragedy in his background. Not when he grew to man size, dedicating himself to weightlifting and getting better and bigger and stronger. He never cried, not through the newspaper stories and all the lingering questions, not through an entire adolescence growing up without a mom, and really, a dad.
He never cried.
There would be plenty of time for tears later.
Trying to dig up a body somewhere
So much to do, so little time. Paul Wulff strides into a motel lobby, straight and tall, trimmed down now considerably from a generation ago, when he played center at Washington State on the best offensive line in the school's history.
He needs to recruit. He needs to rebuild a sagging culture. And oh yes, he needs to go just up the hill with his wife, Sherry, to their new house and decide on interior paint colors.
Tuesday, he begins his first fall camp as coach of the Cougars. Who knew that when he was hunched over, cradling a ball he'd snap to Timm Rosenbach on the 1988 Aloha Bowl team that effectively ignited Dennis Erickson's coaching career, that Wulff would someday be back here, making it his team?
"The odds are so far out there," Wulff says reflectively. "I knew if it ever came to this, there'd be so many people interested."
But there wasn't anybody quite like Wulff, no other candidate who embodied what it meant to be a Cougar. Nobody else who had lived in a trailer in the early days of working up the road coaching at Eastern Washington, or won as much while given as little as he was at Eastern.
Nobody else who had been to hell and back.