September 6, 2001-Lawsuit Filed Over Tardy Deer Carcass Removal Alleged To Have Contributed to Fatal Crash In 1998.
According to a lawsuit filed today by the parents of an auto accident victim, faster removal of a deer carcass from a highway could have prevented a 1998 rollover crash that killed their son. Daniel and Ann Kettler claim in their lawsuit against the county and its sheriff's separtment that police took too long to remove a deer left on Dec. 5, 1998. As a result, they said, Joyce Hollister, 23, rolled her car over as she swerved at the last moment to avoid hitting the carcass. Benjamin Kettler, 18, was killed in the crash. The lawsuit seeks compensatory damages and other expenses.
According to the lawsuit, the fire department reported the deer to the county sheriff's department about 1:28 a.m. on Dec. 5. Sheriff's Sgt. Edward Breitsprecker was sent to the scene, instead of officers from other police departments closer to the location, the lawsuit alleges. Breitsprecker took 20 minutes to get near the carcass, the suit states.
"At the time Sgt. Breitsprecker approached the deer carcass, he was behind the Hollister vehicle, (and) was not operating his vehicle's emergency siren or lights so as to alert those immediately ahead of him of the danger they were facing," the lawsuit states.
Hollister was later charged with homicide by intoxicated use of a motor vehicle and homicide by use of a vehicle with a prohibited blood alcohol concentration. She was convicted by a jury on the latter charge and was sentenced to five years of probation.
The Kettlers' attorney said the lawsuit was filed in another county to avoid any potential conflicts in the county circuit court.
In all automobile accident cases it is essential that measures be taken promptly to preserve evidence, investigate the accident in question, and to enable physicians or other expert witnesses to thoroughly evaluate any injuries. If you or a loved one is a victim of an automobile accident, call now at or CLICK HERE TO SUBMIT A SIMPLE CASE FORM. The initial consultation is free of charge, and if we agree to accept your case, we will work on a contingent fee basis, which means we get paid for our services only if there is a monetary award or recovery of funds. Don't delay! You may have a valid claim and be entitled to compensation for your injuries, but a lawsuit must be filed before the statute of limitations expires.
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