Motions heard in suit over boy’s death

Legal motions in a civil case that blames an Aberdeen-based sanitation company for the 2007 death of a 16-year-old Mitchell teenager continued on Tuesday, marking progress in a matter that began nearly three ago.

Ethan Holznagel was 16 when his 1994 Chevrolet Corsica collided with a Dependable Recycling vehicle driven by John Cutsinger near the intersection of Eighth Avenue and Gamble Street on April 11, 2006. Holznagel died approximately 30 minutes later Cutsinger, who was cited for an improper right turn, and his passenger were not injured.

On Dec. 5, 2007, a lawsuit against Cutsinger and Dependable Sanitation was filed by Holznagel’s family seeking damages, including at least $15,050 for general damages. An economic loss statement, calculated by Dakota Financial Research in 2009 at the behest of Holznagel attorney Jim Miskimins, claims economic loss, including lost lifetime earnings and household services associated with Holznagel’s death, of $1.958 million by August 2009.

Monday, lawyers for each side appeared for a pre-trial motions hearing that went in the favor of the defense.

Representing defendants, Michael Luce, of Sioux Falls, had filed 16 motions in the case in September. Of those, the Holznagel family’s attorneys Miskimins and Jim Taylor officially objected to eight.

Judge Sean O’Brien ruled no evidence or references specifically designed to elicit juror prejudice toward the defendants or sympathy to the plaintiffs will be allowed.

Luce said that should questioning get “close to that line,” Luce would approach the bench and voice his concern.

O’Brien also granted a motion by Luce that would prohibit the plaintiffs from bringing up new claims, such as negligent hiring, retention or discipline by Dependable Sanitation Inc. relating to the 2007 accident.

A motion to prohibit references or evidence pertaining to marijuana use by Cutsinger was also granted by O’Brien. However, he did not rule on the second part of the motion, which asked to bar any suggestion that Cutsinger, who, according to Miskimins, admitted to smoking marijuana approximately 50 times before going to work for Dependable Sanitation, was under the influence of drugs at the time of the accident.

While Luce said expert testimony would be required to prove Cutsinger was under the influence of marijuana at the time of the accident, O’Brien maintained that he would take the matter under advisement.

Court documents show that Cutsinger was convicted on Jan. 5, 2006, for possessing 2 ounces of marijuana or less.

O’Brien ordered that a hearing be scheduled this month to evaluate the credibility and validity of two expert witnesses for the plaintiffs.

He also granted a motion that would limit expert testimony for the plaintiffs to the three requested, preventing surprise experts from testifying after the trial has begun; and he granted other motions involving expert witness qualifications and exactly what type of claims may be made by the family during the trial.

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