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Janklow Crash Lawsuit Refiled Against U.S. Govt.

Sioux Falls, S.D. (AP) ― Nearly three years after former Rep. Bill Janklow caused an accident that killed a Hardwick, Minn., motorcyclist, the victim's family has filed a new $25 million wrongful death lawsuit against the U.S. government.

Randy Scott, 55, was killed Aug. 16, 2003, when his motorcycle hit the back of the Cadillac Janklow was driving when he sped through a stop sign at an intersection near Trent.

Janklow, who suffered a head injury, said he hadn't eaten that day and had a diabetic reaction on his way from Aberdeen to his Brandon home.

The former state attorney general, governor and congressman stood trial in December 2003 in his boyhood hometown of Flandreau and was found guilty of second-degree manslaughter, reckless driving, speeding and running a stop sign.

Scott's family initially sued Janklow in Minnesota state court. But the U.S. attorney in Minnesota concluded Janklow was on official business and should be covered by the government, so the case was moved to federal court.

That ruling means the federal government, not Janklow, will pay any monetary awards because he is covered by the Federal Tort Claims Act, which protects federal employees from negligence claims when they're on duty.

The family filed a claim against the U.S. House of Representatives, but the $25 million sought in the case was more than what could be reached in a settlement.

Ronald Meshbesher of Minneapolis, the lawyer for Scott's mother, Marcella Scott, said he filed the new civil lawsuit Friday in U.S. District Court in Minneapolis after getting no response from the House attorneys.

Now, the case will be settled if the government and family can agree on an amount. If not, the case will be tried before a judge, who will decide on a sum.

"In terms of liability, it's a slam dunk," Meshbesher told The Associated Press.

"It's a clear-cut case that Janklow was responsible," he said of the Moody County verdict. "The only issue, as I can see it, is the amount the family will get."

A spokeswoman for the U.S. attorney in Minnesota said the office would not comment. Janklow and his personal lawyer have not commented about the case.

Janklow, 66, a dominating force in South Dakota politics for 30 years, was given a suspended imposition of sentence, which means his record will be clear if he complies with the terms of probation.

He was sentenced to 100 days in the Minnehaha County Jail, which he completed on May 17, 2004. He was also fined $5,750 and had to repay Moody County $5,000 for the costs of his jail stay. Janklow can't drive until his three-year probation ends on Jan. 22, 2007.

Janklow was elected to the U.S. House in 2002 and resigned Jan. 20, 2004. He was governor for 16 years, first from 1979-1986 and then from 1995-2002.

The South Dakota Supreme Court upheld his convictions but reinstated his law license, effective Feb. 15.

Janklow now is working with consultants brought in by the city of Rochester, Minn., to address concerns about the Dakota, Minnesota and Eastern Railroad's proposal to run coal trains through town.

The railroad's expansion and renovation plan includes rebuilding its 600 miles of track through South Dakota and Minnesota and building 280 miles of new line into Wyoming's Powder River Basin coal fields.

Mayo Clinic officials have argued that the increased train traffic and the possibility of accidents could put their patients in danger.

(© 2006 The Associated Press. All Rights Reserved. This material may not be published, broadcast, rewritten, or redistributed.)