Trial begins in suit over boy’s death

Family members of a Mitchell teenager killed in a 2006 traffic crash took the stand in local court Monday as their lawsuit against Dependable Sanitation and its former employee, John Cutsinger, went to trial.

Ethan Holznagel died on April 11, 2006, when his 1994 Chevrolet Corsica collided with a Dependable Sanitation vehicle driven by Cutsinger near the intersection of Eight Avenue and Gamble Street in Mitchell. Holznagel was 16 years old.

Cutsinger, who was cited for an improper right turn, and his passenger, Joseph Fisher, were not injured.

In December 2007, the Holznagel family filed a lawsuit seeking at least $15,050 in general damages as well as economic loss and non-economic damages.

Monday, Ethan’s mother, Paula, of Mitchell, and his sister, Katie, 25, of Lexington, Ky., both took the stand and told jurors about their mourning for a boy known for his creativity and emotional support.

“He went out of his way just for the little things, and I think that I know that it’s something that we’re never going to be able to get over,” Katie said with tears in her eyes.

Paula, who remained composed throughout questioning, welled up with tears as she finished answering her lawyer’s final question.

“We just miss him,” she said.

Ethan’s father, Wayne Holznagel, was also in attendance.

Jim Miskimins and Jim Taylor, of Mitchell, are representing the Holznagel family in the lawsuit while Michael Luce, Sioux Falls, is representing the defense.

During Luce’s questioning of Paula Holznagel, Luce inquired if she had taught her son to drive.

After she responded that she had, Luce asked if she had talked to him about the dangers of listening to headphones or changing CDs while driving.

Paula Holznagel answered that she “never had to tell him that.”

“I don’t know if he did it for sure,” she said.

She added that, if she had seen her son exhibiting such behavior, it would be “fair” to say that she would have told him not to do it.

Earlier, Luce questioned Steve Nedved, Mitchell fire captain, if he observed a CD player on Ethan’s person, as a report stated a CD player was found running in Ethan’s pants pocket after the accident.

Nedved said he did not see a CD player on Ethan during the quick trip from the accident site to Avera Queen of Peace Hospital, adding his “attention would have been toward life-saving.”

Taking the stand before the family, Cutsinger, who moved to Norfolk, Neb., two months ago and is currently unemployed, said “it was a quiet day” when he and Fisher approached the intersection of Gamble Street and Eighth Avenue.

Cutsinger was behind the wheel of a Ford F-450 pickup pulling a recycling trailer. He said he decreased speed and checked both sides of Eighth Avenue twice before turning the vehicle. It was only when he began the turn that he saw Holznagel’s black 1994 Chevrolet Corsica coming at him, he said.

Cutsinger said he stepped on the clutch and the brake, turned the wheel to the right and told Fisher to brace himself before impact.

“It was coming at a pretty good rate of speed and I saw no driver in the driver’s seat,” Cutsinger said. “Right before impact, I saw a young man sit up in the seat.”

Both Cutsinger and Fisher, who also testified Monday, admitted to briefly waving at a man before approaching the intersection.

Miskimins asked if Cutsinger would be able to make such a turn and stay in the proper lane of traffic.

After Luce’s objection to the use of the term “lane,” given that there are no painted lanes on Eighth Avenue, and an overruling by Judge Sean O’Brien, Cutsinger said it was impossible to stay in the correct lane when making such a turn.

“You could not make that run without jumping the trailer over the curb unless you cross into the other lane,” Cutsinger said.

Later, Officer Russ Stevenson of the Mitchell Department of Public Safety said Cutsinger’s vehicle was partially in the opposite lane of traffic when Stevenson arrived one minute after the collision occurred.

Sgt. Scott Walton, also of the Mitchell Department of Public Safety, and Dependable Recycling Manager Michael Hale also testified Monday.

Miskimins had pictures of Ethan and his family and the accident scene as well as a community theater playbill featuring both Holznagel children admitted as evidence.

A “memory book” made by Ethan was not immediately admitted, although O’Brien said he would take the matter under advisement.

The day opened with jury selection. As he spoke to the jury about the importance of family during harvest time, Miskimins was interrupted by Luce.

After the two lawyers spoke with O’Brien, Miskimins continued with an abridged statement.

During a motions hearing earlier this month, Luce said he would approach the bench and voice his concern over statements specifically designed to elicit juror prejudice toward the defendants or sympathy to the Holznagel family.

When Miskimins attempted to reintroduce the harvestrelated statement during opening arguments Monday, Luce once again approached the bench.

After another brief meeting, Miskimins continued.

“I was struck by how thousands of South Dakota families are able to enjoy this time of year,” Miskimins said. “The Holznagel family is not able to come together like that.”

Before each lawyer dismissed three of the jurors, a woman was dismissed because of the potential for a family emergency.

Another woman was later dismissed because of her admission that she would be unable to follow juror instructions that would require her to award money for intangible damages.

Tags: ethan holznagel, john cutsinger, news, local, courts