Opening statements given in city wrongful death trial
By KEN BLACK, TIMES-REPUBLICANCity of Marshalltown crews created a ramp of ice that eventually caused the death of a Clutier woman when her car went over the side of the Third Avenue viaduct.
That was the message Gail Boliver, a local attorney for the estate of the deceased woman, Debra Mundt, gave jurors in his opening statements Tuesday. The accident took place Feb. 3, 2008.
Mundt's family is suing the city of Marshalltown, alleging the city created a dangerous condition and contributed to the death.
"The city of Marshalltown had decided the way they would do snow and ice removal would be to plow the lanes and pitch snow and ice up against the side rail," Boliver said. "They did that day after day after day."
Eventually, the snow and ice hardened into a wedge, and when Mundt lost control over her car on Superbowl Sunday, it slid up the ice wedge and over the railing, Boliver said. She fell inside her car approximately 20 feet to her death.
"The city created a ramp," Boliver charged.
Attorney Mark Thomas, who is defending the city, had a different take on the issue. He noted Mundt was apparently trying to pass a slow-moving or stopped vehicle and had recently been on her cell phone.
"The accident, in this case, was due to the unfortunate failure to maintain control on the part of Mrs. Mundt," Thomas said in his opening statement.
He argued that during the life of the bridge so far, it is estimated that as many as 100 million vehicles have traveled over it.
Given that amount, and this incident being the first fatality, Thomas insinuated it could hardly be argued that the city had created a dangerous situation.
Further, Thomas noted there was no reason for any vehicle to be on the portion of the road where the ice had built up.
"This particular area was off the traveled portion of the roadway," he said. "It was not to be driven on."
Boliver said he will be asking the jury to consider the damages done to the Mundt family, including looking at lost wages, as well as the loss of her service to family members. He did not ask for a certain monetary amount to be awarded during his opening statements.
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Contact Ken Black at 641-753-6611 or kblack@timesrepublican.com
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herkeye
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07-30-09 11:12 AM
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I would miss my loved one...but money will do nothing to BRING THEM BACK. How much money does it take to satisfy the loss of a loved one? Answer...there is not enough wealth in the world! (at least for me) As a matter of fact...I would be mad as h-ell at them for not being a safe driver and causing needless pain for me and my family....but I would miss them most of all. The Mundt's are just using the situation for financial gain...pathetic! How about the city pays for the funeral to show their sympathy for the situation. That should be more than enough. Again...I think the family is just plain money hungry. What would Debra have wanted? Especially if she knew it was her fault? They should make her proud and drop the case.
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shannonlpn
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07-30-09 12:25 AM
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wow to HERKEYE...if that was your family i bet you would think differently
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herkeye
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07-29-09 9:45 PM
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#1...why did she lose control? This is a very important question. Passing when slick and cell phones CAUSE accidents. #2...this is HWY 14 right? #3...EVERYONE wants free money...who cares that someone died..its called sue happy! The money won't bring her back but Mr. Mundt's new wife will sure enjoy it! #4...Gail is just doing his job...but man it would be hard to sleep at night!
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higherground
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07-29-09 8:26 PM
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How is this any different from losing control and hitting a utility pole or a tree or ending up in the ditch? Should the city be sued for the pole or tree being there or for lack of a barrier to prevent going into the ditch? If speed, passing, or cellphone use were involved, then this was not "an act of God " accident, but rather a preventable one. I think the Mundt family should get the dollar signs out of their heads and continue the grieving process, complicated by the fact that the death of their loved one was do to her own irresponsibility.
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borderpatrol
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07-29-09 7:09 PM
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MARSHALLTOWN SNOW REMOVAL IS TERRIBLE!!!! THEY CREATE VERY UNSAFE CONDITIONS BY NOT REMOVING THE SNOW IN A TIMELY MANNER. WHEN THEY DO REMOVE THE SNOW IT IS DONE POORLY AND THE SNOW LEFT BEHIND BECOMES A SHEET OF ICE. OUR PROPERTY TAXES GO UP EVERY YEAR, AND THE ROADS ARE GETTING WORSE.
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Modor20
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07-29-09 6:42 PM
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If the accident was on the third avenue viaduct, the city doesn't have jurisdiction for snow removal on that road. Since it is a state highway, the DOT is responsible for snow/ice removal.
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happygolucky
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07-29-09 3:33 PM
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I would like to know the whole story. Not just from Bolivar's point of view. Was this driver going too fast for the road conditions? Was she speeding? Was she on drugs? Was she passing on the bridge? Was she distracted by using tghe cell phone or other electronic equiptment? How does it take to go over a "ramp" that no one else had gone over? Was this snow bank hidden from her view? Cone on people, maybe, just maybe, the city is not at fault.
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bertmers
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07-29-09 12:16 PM
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Why would a lawyer, who has a business office, works and lives in this town, been a member of the civil service commission, served on many committees, etc, take on the very town that supplies him with a living wage??? If he wins, will the people shun him?? What about his church people?? If they did not remove the snow or at least post signs for the dumbest of all drivers that there was a dangerous situation, in the middle of winter, in Iowa, Well then the town should have to pay through the nose. What a great lesson on doing a job and doing it well and complete. But, Mundt is totally responsible for her driving, the 'ramp' did not reach out and pull her over the railing. This town deserves what it gets. Sorry if that hurt your feelings but, ya all should wake the*****up!!!
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Cyklone
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07-29-09 11:19 AM
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Did any of you stop to think that you complain about how the city spends money but if the plaintiff wins then the city may be out millions of dollar, potentially raising YOUR taxes and lowering YOUR services? So when you criticize the city, think about who ultimately loses if the estate wins.
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DoinkyBoy
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07-29-09 10:49 AM
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Interesting. So this was the first time in 100 million vehicles that one went over the railing, killing someone. How many motor vehicles have impacted the railings in its history, Thomas? The railing has obviously worked VERY well for sometime. Thomas, the railings are obviously there for a reason. If someone were to take out all the mounting hardware, making the railing unable to stop a car, would that person not be held responsible if there was an accident? It’s an exaggeration, true, but that is what the city did, in part. I hate to say it because it ******me off when I see people driving using cell phones. But, cell phone or not, the city created an obstruction and that obstructed the railing from doing what it was meant to! This is not that difficult to figure out.
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Mongo1
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07-29-09 10:45 AM
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oh crap! I guess the city should have removed the snow like they do on center st. Maybe dick was trying to save the good taxpayers some money by not having the street crew put in some overtime to remove the snowbank they created.
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LadyCyclist
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07-29-09 9:30 AM
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"Happy Go Lucky" put a little thought into it. You only read what was written and not the COMPLETE FACTS in this case. Attorney, Gail Boliver, is a conservative attorney at law who believes in integrity, "right is right and wrong is wrong".
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LadyCyclist
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07-29-09 9:30 AM
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"Happy Go Lucky" put a little thought into it. You only read what was written and not the COMPLETE FACTS in this case. Attorney, Gail Boliver, is a conservative attorney at law who believes in integrity, "right is right and wrong is wrong".
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LadyCyclist
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07-29-09 9:26 AM
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"Happy Go Lucky" put a little thought into it. You only read what was written and not the COMPLETE FACTS
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happygolucky
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07-29-09 7:03 AM
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Don't make any different who the attornies are, but look at the evidence. Cell phone, passing. No one else went over the "ramp". Interesting case.
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Johnny
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07-29-09 3:05 AM
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Who's Mark Thomas? I've never heard of him...Isn't the city attorney's name Roger something?
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