Record Penalty Decided in Fatal DWI Case
05/30/1998By DENISE D. TUCKER
Accident produces $7.5M jury award
A Minnehaha County jury Friday evening awarded a record-setting $7.5 million in damages to a Sioux Falls man whose wife was killed in a 1995 car accident.
Jay Robert Gunderson, 37, of Hartford and his employer at the time, Graham Tire Co. of Sioux Falls, were found liable in a civil lawsuit brought by Don Dickerson.
The trial, which included several countersuits, lasted two weeks.
"It’s the largest award in the state of South Dakota - at least that’s what’s been reported to us - for injury and wrongful death," said Dickerson’s lawyer, Robert Clifford of Chicago.
The jury awarded Dickerson $6 million and the estate of his wife, Diane, $1.5 million in compensatory damages.
"I think I got probably what I deserve for the loss of my wife and a lifetime of income," Dickerson said. "I’m pleased with the jury."
In his lawsuit, Dickerson claimed that his mental and motor skills were damaged permanently, making it impossible for him to run his home-appraisal business.
"We are grateful that a South Dakota jury, hearing all of the facts, was willing to compensate this needful man with a full and adequate award," Clifford said.
On April 22, 1995, Diane Dickerson, 48, was killed in a two-vehicle accident west of Sioux Falls.
The Dickersons were riding in a car with their friends, Larry and Kathy McMichael, when it was rear-ended about 9 p.m. by Gunderson, who was driving a van owned by Graham Tire.
Although McMichael pulled out in front of Gunderson, Gunderson was at fault because his lights were not on, Clifford said.
Gunderson was charged with drunken driving, pleaded guilty and was sentenced to 60 days in jail.
The jury set percentages for liability in the accident: Gunderson, 67 percent; Graham Tire, 3 percent; and McMichael, 30 percent.
Although he was named in the lawsuit and found liable, McMichael was not ordered to pay damages. The jury awarded him $8,634 in damages from Gunderson and Graham Tire.
Kathy McMichael filed a countersuit against Gunderson and Graham Tire for the suffering she has endured since the accident and was awarded a total of $87,500 in damages from both.
According to her lawsuit, the couple has had medical and mental difficulties since the accident.
Gunderson would not comment on the verdict.
The lawyer for Graham Tire, Michael Luce of Sioux Falls, could not be reached for comment.

