Trial set to Begin in Sioux Falls South Dakota

Robert A. Clifford is scheduled to begin a major automobile accident trial Monday, May 18, in Sioux Falls, South Dakota, that left one person dead and three people injured.

Jury selection and opening arguments are set to begin in Minnehaha Circuit Court in the case against Graham Tire Company of Sioux Falls and its driver, Jay Gunderson, who was legally intoxicated at the time the company van collided with a car in which four people were passengers.

Don Dickerson of Sioux Falls suffered permanent brain damage as a passenger in a Ford Mustang when the Dodge Caravan Gunderson was driving rear-ended the car at approximately 55 miles per hour, sending the car several hundred feet. Dickerson's wife, Diane, was killed in the 1995 crash.

Don Dickerson's mental and motor skills are greatly impaired due to the collision. Prior to the accident, Dickerson had started his own home appraisal business. He has a master's degree in chemistry but can no longer practice any profession.

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.

Kevin Durkin, a partner at Clifford Law Offices, and Michael Krzak, an associate, also will be trying the case with Mr. Clifford. Clifford Law Offices represents Don Dickerson and his children as well as the estate of Diane Dickerson.

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

The company's policy prohibited employees from driving company vehicles before or after work hours under the influence of alcohol.

Judge Glen A. Severson has scheduled the trial to last two weeks.