The family of a man who was killed and his brother who was injured when their car was hit by a drunk driver has filed a lawsuit against the driver, her family, and two insurance companies.
The suit seeks $22.3 million in damages from the uninsured drunk driver, Cory Sause, and two insurance companies. It also seeks damages from Sause’s mother, Heidi Sause, who provided her daughter with alcohol and allowed her to drive while intoxicated.
“This suit is not vindictive, it’s about consequences,” said Vicki Kibler, mother of the man who died, Patrick Kibler. “We gave the (Sause family) enough time to deal with this on their own before we filed the suit … I think it’s the right thing to do, based on how everything’s been handled.”
Patrick’s two younger brothers were also seriously injured in the accident, which took place on Dec. 21, 2004.
In the accident, Sause was driving with a blood alcohol level of .19 percent, which is nearly 2.5 times the legal limit.
The Damages
The Kiblers seek $14 million for damages related to Patrick’s death, and an additional $7 million for the injuries Patrick’s brother Scott sustained in the crash. They also seek $5 million for economic damages the family has sustained due to funeral expenses, medical bills, their own lost wages, and the loss of Patrick’s future earnings.
The family seeks to recover $1 million from Progressive Northern Insurance Company, who denied their $1 million claim for personal injury for both Patrick and Scott Kibler. They say they had $500,000 coverage for each of them for injuries sustained in accidents with uninsured drivers. They also seek $300,000 from Unigard Insurance Company for Scott.
Scott’s Injuries
Scott suffered numerous broken ribs, a broken wrist, and finger, a deflated lung for which he required a chest tube, and a severe brain injury that put him in a temporary coma and required brain draining. Scott continues to receive treatment for neurological problems.
“(The impact) goes on and on. The bills never stop,” said Vicki Kibler.