Two motorcyclists seriously injured in a collision earlier this year in Benson County, N.D., are suing a 93-year-old driver for more than $200,000 in damages.
In a court complaint, an attorney for Jason Hunter and James Leidholt alleges that Faith Mitzel's negligence caused the crash that injured his clients and killed Leidholt's 30-year-old wife, Sheri, and the couple's unborn child.
In a response to the complaint, Mitzel's attorney places the blame for the crash on Hunter and Leidholt, and seeks a dismissal of the suit.
The payment sought by Hunter and Leidholt would cover their medical expenses, damage to their motorcycles, pain and suffering, as well as losses of wages and earning potential, according to the complaint.
The suit was filed Oct. 14 in North Dakota District Court, and so far, no date has been set for a hearing.
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On May 19, Hunter and the Leidholts, all three from Devils Lake, were riding north together shortly after 9:30 p.m. on state Highway 57 near Fort Totten, N.D., when Mitzel's 2000 Oldsmobile, which was headed south, collided with the two motorcycles, authorities said.
The North Dakota Highway Patrol investigated the crash and found that Mitzel crossed the centerline and hit the motorcycles. The patrol described the collision as a "sideswipe meeting."
All four people involved were taken to hospitals. Sheri Leidholt, who was a passenger on the motorcycle driven by her husband, was pronounced dead the next morning, authorities said.
Hunter's foot was amputated as a result of his injuries, and Leidholt underwent physical therapy in trying to recover from the crash, according to Hunter's CaringBridge website.
Mitzel was wearing a seat belt, and her airbag deployed; she had no apparent injuries, according to the patrol.
Leidholt was cited for not having a license to drive a motorcycle. Mitzel of Oberon, N.D., was cited for driving on the wrong side of the road, and her driver's license was suspended.
Following that suspension, a sheriff's deputy in Ramsey County, N.D., pulled Mitzel over Aug. 3 for driving with a suspended license and driving without insurance.
Mitzel has pleaded not guilty to those misdemeanor charges and is set for a jury trial Nov. 30. State's Attorney Lonnie Olson has said he plans to seek the maximum sentence of 60 days in jail.
