The State of Iowa will pay $5.2 million to the family of a 21-year-old Wisconsin woman who was hit and killed by a state-owned runaway tractor while she was sunbathing at Clear Lake State Park in July 2020.
“After several years of litigation and negotiations, the parties were able to resolve this case through mediation,” according to the deputy attorney general’s recommendation to settle, which the State Appeal Board did Tuesday. “This represents a very reasonable settlement in light of the nature of this case and considering other verdicts and settlements in Iowa and around the country for other wrongful death cases.”
As stipulated, the state will pay $3.4 million to Mercedes Kohlhardt’s estate and another $1.7 million in attorneys fees.
The case stems from Kohlhardt’s visit to Clear Lake State Park with her boyfriend and her boyfriend’s father on July 28, 2020, according to the family’s February 2023 lawsuit. She was sunbathing in the grass at about 4 p.m. while Iowa Department of Natural Resources employees worked nearby.
One of those workers parked a 2013 John Deere 4720 tractor on a hill “above park visitors participating in recreational activities on and around the beach and water,” and he left it there in neutral, with the bucket elevated, and without fully engaging the tractor’s brake, according to the lawsuit.
With no one attending it, the unsecured tractor rolled down the hill, striking Mercedes and “causing multiple severe blunt force injuries to her head and other severe injuries,” the lawsuit reported.
Although she was breathing “for a period of time,” the woman eventually died from her injuries. In addition to the worker, Kohlhardt’s family argued the state is responsible for its employees.
“An unattended tractor does not roll down a hill and strike a person, causing their death, if reasonable care is exercised,” according to the lawsuit.
The state in responding to the lawsuit in 2023 denied the worker left the tractor’s gear in neutral and that he failed to fully engage the brake and properly park it. The state did admit the tractor operator left the vehicle and began working “in close proximity.”
The state, in court documents, listed several possible defenses — including immunity, statutes of limitations, and negligence on the part of the plaintiff.
In advising the appeal board to accept the settlement, however, Deputy Attorney General Jeffrey Peterzalek said, “A tractor owned by the state and operated by a state employee was not parked properly and left unattended.”
“The tractor rolled down a hill toward the beach in a rapid and uncontrolled manner,” Peterzalek wrote. “Ms. Kohlhardt attempted to get out of the way of the runaway tractor, but tragically she was run over.”
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“After several years of litigation and negotiations, the parties were able to resolve this case through mediation,” according to the deputy attorney general’s recommendation to settle, which the State Appeal Board did Tuesday. “This represents a very reasonable settlement in light of the nature of this case and considering other verdicts and settlements in Iowa and around the country for other wrongful death cases.”
As stipulated, the state will pay $3.4 million to Mercedes Kohlhardt’s estate and another $1.7 million in attorneys fees.
The case stems from Kohlhardt’s visit to Clear Lake State Park with her boyfriend and her boyfriend’s father on July 28, 2020, according to the family’s February 2023 lawsuit. She was sunbathing in the grass at about 4 p.m. while Iowa Department of Natural Resources employees worked nearby.
One of those workers parked a 2013 John Deere 4720 tractor on a hill “above park visitors participating in recreational activities on and around the beach and water,” and he left it there in neutral, with the bucket elevated, and without fully engaging the tractor’s brake, according to the lawsuit.
With no one attending it, the unsecured tractor rolled down the hill, striking Mercedes and “causing multiple severe blunt force injuries to her head and other severe injuries,” the lawsuit reported.
Although she was breathing “for a period of time,” the woman eventually died from her injuries. In addition to the worker, Kohlhardt’s family argued the state is responsible for its employees.
“An unattended tractor does not roll down a hill and strike a person, causing their death, if reasonable care is exercised,” according to the lawsuit.
The state in responding to the lawsuit in 2023 denied the worker left the tractor’s gear in neutral and that he failed to fully engage the brake and properly park it. The state did admit the tractor operator left the vehicle and began working “in close proximity.”
The state, in court documents, listed several possible defenses — including immunity, statutes of limitations, and negligence on the part of the plaintiff.
In advising the appeal board to accept the settlement, however, Deputy Attorney General Jeffrey Peterzalek said, “A tractor owned by the state and operated by a state employee was not parked properly and left unattended.”
“The tractor rolled down a hill toward the beach in a rapid and uncontrolled manner,” Peterzalek wrote. “Ms. Kohlhardt attempted to get out of the way of the runaway tractor, but tragically she was run over.”
State paying $5.2 million to family of woman killed by runaway tractor
The State of Iowa has agreed to pay $5.2 million to the family of a 21-year-old Wisconsin woman who was run over and killed by a state-owned unattended tractor while she was sunbathing at Clear Lake State Park in July 2020.
www.thegazette.com
