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Verdicts & Settlements: Government Liability

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Failure to avoid cyclist

December 12, 2019

Theresa Grossklaus, 61, was riding her bicycle on the side of a five-lane highway in clear conditions when a patrol vehicle operated by Clearwater County, Idaho, sheriff’s deputy Mitchell Jared struck her rear tire. Grossklaus was thrown from the bicycle and struck again by Jared’s moving vehicle. Grossklaus suffered blunt-force trauma and died at the scene. She is survived by her three adult children, one of whom has disabilities.

Grossklaus’s estate sued Jared and Clearwater County, alleging Jared had been speeding and failed to observe Grossklaus in the roadway. The defense argued that Grossklaus had been operating her bicycle erratically at the time of the incident.

The jury awarded approximately $667,900, finding Grossklaus 35% at fault.

Citation: Kucirek v. Jared, No. 3:17-CV-00028-CWD (D. Idaho Apr. 23, 2019).

Plaintiff counsel: Ned Cannon, Lewiston, Idaho.

Plaintiff experts: Jerry Ogden, accident reconstruction, Littleton, Colo.; and Mary Barros-Bailey, life care planning, and Craig Beaver, neuropsychology, both of Boise, Idaho.