Post by tomtom on Jul 11, 2008 17:48:40 GMT -5
US Taxpayer Pays $1M in Janklow Wrongful Death Suit
Former South Dakota Rep, Bill Janklow has settled in the wrongful death lawsuit for $1 million, according to one of the lawyers involved. On August 16, 2003, Janklow ran a stop sign on a rural road near Trent, South Dakota and killed Randy Scott of Hardwick, Minnesota, who was riding his Harley-Davidson. Randy Scott was killed instantly in the crash and Janklow received minor injuries.
The Janklow family’s lawyer, Ron Meshbesher, said the Federal Tort Claims Act unfairly came into play, protecting Janklow and his insurance company from liability. The Minnesota State Attorney ruled that Janklow was on government business at the time of the crash and that means taxpayers must subsidize Janklow’s irresponsibility and he will escape personal responsibility for Scott’s death.
Meshbesher said, “If this case had been in state courts, as I believe it should have been, we would have been able to recover punitive damages for outrageous conduct because he had been speeding all his life.”
Janklow was convicted of second-degree manslaughter December, 2003. He served 100 days in jail, paid a fine, temporarily lost his law license, and was unable to drive during his probation period. His criminal record has been cleared.
Janklow was quoted as saying, “I’m happy that part of it’s over. My mom has always said if money can fix it, it isn’t a problem. And money couldn’t fix this problem. Somebody died who never did anything wrong. And he died in a young part of his life and I understand that because I was responsible for it. From that standpoint, I’m glad they brought that part of it to closure for their own sake. But it doesn’t bring somebody back and it doesn’t fix the problem.”
Of course, “fixing the problem” would require removing nut jobs like Janklow from behind the wheel. I wonder if his mother had something to say about that?
Former South Dakota Rep, Bill Janklow has settled in the wrongful death lawsuit for $1 million, according to one of the lawyers involved. On August 16, 2003, Janklow ran a stop sign on a rural road near Trent, South Dakota and killed Randy Scott of Hardwick, Minnesota, who was riding his Harley-Davidson. Randy Scott was killed instantly in the crash and Janklow received minor injuries.
The Janklow family’s lawyer, Ron Meshbesher, said the Federal Tort Claims Act unfairly came into play, protecting Janklow and his insurance company from liability. The Minnesota State Attorney ruled that Janklow was on government business at the time of the crash and that means taxpayers must subsidize Janklow’s irresponsibility and he will escape personal responsibility for Scott’s death.
Meshbesher said, “If this case had been in state courts, as I believe it should have been, we would have been able to recover punitive damages for outrageous conduct because he had been speeding all his life.”
Janklow was convicted of second-degree manslaughter December, 2003. He served 100 days in jail, paid a fine, temporarily lost his law license, and was unable to drive during his probation period. His criminal record has been cleared.
Janklow was quoted as saying, “I’m happy that part of it’s over. My mom has always said if money can fix it, it isn’t a problem. And money couldn’t fix this problem. Somebody died who never did anything wrong. And he died in a young part of his life and I understand that because I was responsible for it. From that standpoint, I’m glad they brought that part of it to closure for their own sake. But it doesn’t bring somebody back and it doesn’t fix the problem.”
Of course, “fixing the problem” would require removing nut jobs like Janklow from behind the wheel. I wonder if his mother had something to say about that?
