Drunk Driver Goes to Trial Tuesday in Sioux Falls

Opening statements are set to begin at 9 a.m. Tuesday, May 19, before Judge Glen A. Severson in the case of a drunk driver who killed one person and severely injured another in Sioux Falls.

Robert Clifford, a nationally prominent personal injury attorney, is scheduled to deliver the first opening statement in Room 4B Tuesday, May 19, before a jury of eight women and four men. Two alternative jurors, both males, also were selected as jurors Monday in what is expected to be a two-week trial.

The jury was as advised by plaintiffs' attorney that millions of dollars in damages are at stake in the case against Graham Tire Company of Sioux Falls. One of its employees, Jay Gunderson, was legally intoxicated at the time the company van he was driving collided with a car in which four people were passengers.

Don Dickerson of Sioux Falls suffered permanent brain damage when the Ford Mustang in which he was a passenger was rear-ended by Graham Tire's Dodge Caravan at what plaintiffs' experts believe to be twice the speed limit. Dickerson's wife, Diane, was killed in the crash.

Two other passengers in the car, Kathleen and Larry McMichael of Sioux Falls, suffered injuries in the accident. Larry McMichael owned and operated the Ford Mustang.

Gunderson left Nutty's Pub in Sioux Falls on April 22, 1995, at about 8:30 p.m. after having consumed up to 12 beers in four hours, according to plaintiffs' expert. Gunderson had been drinking in the company of several Graham Tire Company management officials.

David Oliver, a vice president and Graham's chief financial officer, and other key corporate officers did not exercise their duty to take away the company van keys of Gunderson before he got behind the wheel of the van. The Company's policy prohibited employees from driving company vehicles before or after work hours under the influence of alcohol.

Clifford Law Offices in Chicago is a nationally prominent firm concentrating in transportation, aviation, medical negligence, personal injury and wrongful death litigation.