Boise County deputy was in 2 U-turn crashes in 2 years. Jury award in first: $4.8 million
A Boise County jury found that a sheriff’s deputy who made a U-turn on Idaho 21 was half to blame for a motorcycle behind him crashing, according to court records.
The jury calculated the economic damages owed to Chellus Dawn Towell — who flew off the back of her husband’s Harley-Davidson and landed on her head — at more than $4.8 million.
But Towell, now 47, will receive only a fraction of that, and not just because her husband, Douglas, 57, was found to be “50 percent” at fault. State law caps judgments against public agencies at $500,000.
Attorneys for the county’s insurer, the Idaho Counties Risk Management Program, or ICRMP, represented the county during the nearly two-week trial in February, Boise County Prosecutor Adam Strong told the Statesman Thursday. The county’s insurance will cover all but the $1,000 deductible, Strong said.
The final judgment in the case has not been entered, but the judge is bound by the jury verdict unless there are extraordinary circumstances, Strong said.
Deputy David Lee was involved in a second U-turn crash on Idaho 21 in 2016. He was a reserve deputy, meaning that he was a volunteer. Sheriff Jim Kaczmarek told the Statesman that Lee was placed on administrative leave after the second crash, and then later resigned.
Lee was cited for a traffic infraction in the 2014 crash but he was acquitted. Towell’s mother filed a civil suit. The suit alleged that Lee was negligent in his execution of the U-turn, stopping suddenly and not activating a turn signal or lights/sirens until after the turn.
The crash happened on Sept. 14, 2014, not far from the Robie Creek turnoff, according to court documents.
Lee was driving a sheriff’s 2004 Ford Explorer south on the highway, investigators said. Douglas and Chellus Towell, who were returning home to Ontario, Ore., after spending the day in Idaho City, were following Lee for miles on the motorcycle.
On the hill just past the Robie Creek turnoff, Lee, who was in the right lane, observed a motorist going the opposite direction who appeared to be speeding — and decided to go after him.
The Towells contend that Lee stopped suddenly and turned with no warning, forcing Douglas Towell to lay down his motorcycle on the highway rather than go off a steep embankment, court records show. Chellus Towell wasn’t wearing a helmet, and she was in a coma for months at a Boise hospital.
“It just happened so quick. It was like no one had a chance to do anything,” witness Anne Pelletier told KTVB. Both of the Towells were airlifted to a Boise hospital.
Douglas Towell tested positive for both alcohol and marijuana. His blood alcohol level was .09, just above the legal limit of .08., the Statesman previously reported. He pleaded guilty to misdemeanor DUI and misdemeanor possession of a controlled substance, court records show. He was sentenced to 360 days in jail and was given 330 days of credit for time served.
Chellus Towell’s injuries included broken bones in her face and head, brain hemorrhages, finger and hand injuries, and right-side paralysis, according to court records. She’s had to relearn how to eat, walk, bathe and talk, and will need care the rest of her life, her mother said in an affidavit.
Lee’s second U-turn crash happened in June 2016. He was driving a sheriff’s Ford Explorer near High Bridge when he attempted to make a turn to pursue a speeder.
Lee’s SUV was struck by a 2010 Ford Escape driven by Joseph Kaiser, a 69-year-old Salmon resident, according to information released by Idaho State Police. Kaiser was airlifted to a local hospital; Lee was transported by ground ambulance. Both were out of the hospital by the next day, the Statesman reported.
Lee was cited with a traffic infraction for allegedly violating a state law that requires drivers to make U-turns “safely and without interfering with other traffic.”
He was accused of turning his vehicle around “in the area of State Highway 21 and Hidden Ridge Lane and causing a collision with the vehicle driven by Joseph Kaiser,” the complaint said.
He did not appear in court for the infraction, court records show. He was fined $90.
The Statesman was unable to find any civil suits filed by or on behalf of Kaiser. His attorneys did file a tort with Boise County, according to a document provided Friday by Clerk Mary Prisco. The tort claim said Kaiser suffered neck, back, chest and knee injuries, with medical bills estimated at $25,000. ICRMP on Friday said they paid $78,125.29 on a claim filed on behalf of Kaiser ($61,700 to Litster Frost Trust Account, a law firm, and $16,425.29 to The Hartford, insurance carrier).
Because ICRMP is expected to cover the judgment for the 2014 crash, Boise County residents don’t have to worry about the county facing bankruptcy and raising taxes, as it did after the $5.4 million Alamar Ranch decision in 2010. The county is making its final payment on that debt this year, Boise County Commission Chairman Alan Ward said.
This story was originally published March 7, 2019 at 5:41 PM.
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