Idaho Transportation Department Wants Wrongful Death Lawsuit Dismissed

July 16, 2012

The Idaho Transportation Department has asked for the dismissal of a $250,000 wrongful death lawsuit filed by the father of a pedestrian killed in a crosswalk in Sandpoint in northern Idaho.

The Bonner County Daily Bee in a story published Friday reports the department contends the lawsuit filed last year had several errors, including not being served on the secretary of state.

The family of 46-year-old Anthony James Joerger contends a poorly lighted intersection caused the death.

Police say Joerger was in a Fifth Avenue crosswalk during rush hour with the pedestrian signal in his favor when he was hit by a motorist turning south onto Fifth on Nov. 19, 2009.

Prosecutors say they declined to charge the motorist due to the dimly lit intersection and Joerger’s dark clothing.

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