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Supreme Court Orders New Hearing in Whitefish Police Crash
The City of Whitefish sought more than $7,300 in restitution
The Montana Supreme Court has ordered another restitution hearing for a Whitefish man who was ordered to pay more than $7,000 in damages after a city police car rear-ended another during an October 2009 pursuit.
Ralph Jentile argued he should not have to pay because a Montana Highway Patrol investigation found the trailing officer was following the other officer too closely, leading to the crash. The trailing officer was reprimanded.
The case began when the Veterans Affairs office in Helena called Whitefish police with a concern that Jentile might be suicidal because of comments he had made in a phone call, the Missoulian reported.
The police contacted Jentile and asked him to turn himself in for a mental evaluation, but he refused.
Officers spotted Jentile's vehicle and pursued him to his driveway. Court records say one police car stopped behind him and the trailing officer crashed into the stopped patrol car.
Jentile eventually pleaded guilty to eluding a police officer.
The City of Whitefish sought more than $7,300 in restitution for damage to the patrol cars, arguing the crash occurred because Jentile had been eluding officers. The Municipal Court awarded the restitution and a District Court upheld the award. Jentile's insurance company refused to pay after determining the police officer was "100 percent liable."
The Supreme Court ruled that the Municipal Court judge should have compared the officer's negligence with Jentile's negligence, if any, based on evidence presented at the restitution hearing.
Under Montana law, a plaintiff may not recover damages if they are found to be more than 50 percent negligent, the Supreme Court noted in its ruling, filed Tuesday.
The Supreme Court remanded the case to District Court with instructions that it vacate the restitution judgment and direct the Municipal Court to hold a new hearing.
Ralph Jentile argued he should not have to pay because a Montana Highway Patrol investigation found the trailing officer was following the other officer too closely, leading to the crash. The trailing officer was reprimanded.
The case began when the Veterans Affairs office in Helena called Whitefish police with a concern that Jentile might be suicidal because of comments he had made in a phone call, the Missoulian reported.
Officers spotted Jentile's vehicle and pursued him to his driveway. Court records say one police car stopped behind him and the trailing officer crashed into the stopped patrol car.
Jentile eventually pleaded guilty to eluding a police officer.
The City of Whitefish sought more than $7,300 in restitution for damage to the patrol cars, arguing the crash occurred because Jentile had been eluding officers. The Municipal Court awarded the restitution and a District Court upheld the award. Jentile's insurance company refused to pay after determining the police officer was "100 percent liable."
The Supreme Court ruled that the Municipal Court judge should have compared the officer's negligence with Jentile's negligence, if any, based on evidence presented at the restitution hearing.
Under Montana law, a plaintiff may not recover damages if they are found to be more than 50 percent negligent, the Supreme Court noted in its ruling, filed Tuesday.
The Supreme Court remanded the case to District Court with instructions that it vacate the restitution judgment and direct the Municipal Court to hold a new hearing.
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