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Claim filed over Highway 95 crash

KEITH KINNAIRD | Hagadone News Network | UPDATED 8 years, 1 month AGO
by KEITH KINNAIRD
News Editor | December 20, 2016 12:00 AM

PONDERAY — A Sandpoint man is seeking damages from Bonner County after a deputy collided with him while responding to a burglary call.

Wayne Bistodeau was headed eastbound on Kootenai Cutoff Road and proceeded into the intersection of U.S. Highway 95 with the traffic signal in his favor, the claim states. A northbound sheriff’s patrol sport utility vehicle entered the intersection against the traffic signal, but with its overhead emergency lights activated.

Bistodeau said in the claim that it was unclear if the deputy’s siren was also activated at the time of the Nov. 15 collision.

The deputy’s SUV crashed into the rear cab of Bistodeau’s personal work truck, knocking the rig’s bed off the chassis, the claim said. The remainder of the truck spun out of control off the north side of the highway and into a power pole, according to the claim.

Bistodeau’s claim indicates he was forced to seek medical treatment through his physician and later an emergency room due to increased pain and bruising as a result of the collision. Ongoing pain in his hip has affected Bistodeau’s ability to fully perform his job as a metals hauler and lost wages as a result, the claim said.

Bistodeau’s $20,000 customized work truck was totaled in the crash, according to the claim.

Damages from the crash are expected to ultimately surpass the $50,000-mark, the claim said.

The claim serves as a notice of intent to sue if the damages are not paid. If the county rejects the claim, Bistodeau would be free to seek the damages in 1st District Court.

Bonner County officials by policy do not comment on pending tort claims.

Deputy Keith Trout was cited for failing to operate a police vehicle with a duty of due regard and safety for other motorists on the highway. Trout pleaded guilty to the infraction and paid a $90 fine, according to the Idaho Supreme Court Data Repository.

The collision occurred at 6:08 a.m., shortly after Trout, another deputy and a Ponderay Police officer were summoned to a report of a burglary in the 100 block of Craig Court, according to the Bonner 911 dispatch log. The location of the burglary report is about 2 miles north of where the collision occurred.

The city of Ponderay, along with the county, is listed as a recipient of the claim, although the claim contains no allegations of wrongdoing against the city or its agents. The Ponderay officer who also responded to burglary report was not cited for an offense, the data repository indicates.

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