On June 26, 2002, Reno policeman Mike Scofield was heading to the scene of an accident at a high rate of speed, but didn’t turn on his motorcycle siren. Anna Marie Jackson was pulling out of an office park driveway to make a left turn, and paused in the middle of the street in Scofield’s path; Scofield, driving in the left lane, hit her SUV, and was killed instantly. Jackson was eventually convicted of a felony for causing a fatal crash while driving with marijuana in her system.
So the widow, already receiving $1.3 million in workers compensation, sued… the office park, claiming that untrimmed trees caused the accident, though a photo of the view showed no obstruction. Her lawyer even asked for punitive damages. A jury didn’t buy it, voting 7-1 against the widow. (Jaclyn O’Malley, “Officer?s widow loses lawsuit”, Reno Gazette-Journal, Aug. 13; Martha Bellisle, “Scofield trial nearing end”, Reno Gazette-Journal, Aug. 12; Martha Bellisle, “Civil trial begins in Scofield case”, Reno Gazette-Journal, Jul. 21; Reno press release, Sep. 26, 2002). Anna Marie Jackson is appealing her conviction; sentencing is set for September 10, where she faces two to twenty years. (Jaclyn O’Malley, “Jackson given OK to marry before sentencing in cop’s death”, Reno Gazette-Journal, Apr. 30).
Another driver in a drunken driving death fared better. Robert Curry, who had three previous drunken driving convictions, had had four vodkas and a blood-alcohol level of at least .217 when he drove his jeep over a center line and struck Robert Strehlow’s motorcycle, killing him. But Curry claimed he was suffering from post-traumatic stress disorder from his service in Vietnam that caused him to drink. Curry singled out an event in 1971 where he claimed his plane had been shot down, but the commander of his company testified the incident never happened. Moreover, for the year while he was in jail following the accident before he made bail, he didn’t seek counseling. Nevertheless, a Wisconsin jury found him not guilty of homicide by reason of mental disorder. Curry will now undergo a psychiatric evaluation and will be released to outpatient treatment if he is not a “threat to the public.” (Tom Daykin, “Jury acquits veteran haunted by memories”, Milwaukee Journal-Sentinel, Aug. 12; Terri Pederson, “Curry: Post traumatic stress disorder led to deadly drunken driving collision”, Daily Citizen, Aug. 6; Tom Daykin, “Man’s stories of Vietnam stress questioned”, Milwaukee Journal-Sentinel, Mar. 14; Tom Daykin, “With company on upswing, fatal collision brings man’s world crashing down”, Milwaukee Journal-Sentinel, Oct. 25).
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“On June 26, 2002, Reno policeman Mike Scofield was heading to the scene of an accident at a high rate of speed, but didn’t turn on his
Driving Under the Influence at Overlawyered
Ted Frank at Overlawyered posts on two fatal traffic accidents and their surprising legal aftermaths.