Record $7.5 Million Verdict in Drunken Driving Trial

A record $7.5 million was awarded late Friday, May 29, against a Sioux Falls tire company involving a drunken driver who killed one person and injured three others.

Robert Clifford and Kevin Durkin of Chicago, a nationally prominent trial attorneys, received the record amount following a two-week trial before the eight-woman-four-man jury. It represents nearly twice the previous award in a personal injury case.

"The jury wanted to send a message to the people of Sioux Falls and across the country that this type of reckless conduct will not be tolerated," Clifford said after the verdict.

An employee of Graham Tire Company of Sioux Falls, Jay Gunderson, was intoxicated at twice the legal limit when the company van he was driving hit the car in which Don Dickerson and his wife were passengers. Dickerson suffered permanent brain injuries and his wife, Diane, was killed in the collision.

Of the $7.5 million verdict, $6.5 million was awarded to Don Dickerson of Sioux Falls. The Jury also awarded $1.5 million for the estate of Dickerson's wife, Diane, who was killed in the collision. Michael Krzak, an associate, also tried the case with Mr. Clifford before Judge Glen A. Severson in the Minehala Court House in Sioux Falls. Clifford Law Offices represents Don Dickerson and his children as well as the estate of Diane Dickerson.

"The defendants never should have forced this man to go to trial," Durkin said. "The case should have settled without putting this family and the entire town of Sioux Falls through this ordeal. But I am gratified that the jurors understood the gravity of the case and their message is clear." 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 plaintiff's expert. Gunderson had drunk in the companny of several Graham Tire Company management officials.

The company's policy prohibited employees from driving company vehicles before of after work hours under the influence of alcohol. Clifford Law Offices in Chicago is a national prominent firm concentrating in transportation, aviation, medical negligence, personal injury and wrongful death litigation.