News - Local News

POSTED: Friday, Apr. 24, 2009

Whatcom County woman's suit against county, State Patrol in jury's hands

A Whatcom County woman's lawsuit against the county and the Washington State Patrol is now in the hands of a jury - and millions of taxpayer dollars are riding on the outcome.

After a three-week trial, attorneys in the case gave their closing arguments in Skagit County Superior Court on Friday, April 24. The jury will reconvene Monday morning to begin their deliberations.

Hailey French sued the State Patrol, the county and Bellingham resident Janine Parker for $10 million in March 2008.

Parker, driving drunk, crashed into French's car head-on on Mount Baker Highway early Jan. 4, 2007, after State Patrol Trooper Chad Bosman arrested and released Parker for DUI earlier that morning.

French's attorneys, Gene Moses and Dean Brett, alleged the State Patrol was negligent in not booking Parker into the Whatcom County Jail, not releasing her to a sober person and not impounding her car.

The county was included in the lawsuit because Parker was supposed to have installed an ignition-interlock device in her car after a previous DUI but was driving without one the night of the crash. The county was supervising Parker's probation and was negligent in not verifying that she had installed the device, the attorneys said.

In their closing arguments to jurors, attorneys for the county and the state took care to exonerate themselves while pinning the culpability for the crash on each other.

Assistant Attorney General Paul Triesch said Bosman's actions were in accordance with State Patrol policy and showed reasonable care for the public's safety.

Triesch said Parker's arrest was routine and did not require the car to be impounded, and that the jail had booking restrictions for years due to overcrowding.

Triesch said Parker was embarrassed to call a sober third party, so Bosman drove her nine miles to her house on Lake Whatcom, gave her back her car keys and told her not to drive until she sobered up.

Triesch pinned the most blame for the crash on the county failing to verify that she had installed the ignition interlock device, which would have prevented her from driving drunk in the first place.

"Whatcom County's actions could have prevented this," Triesch said. "They never asked about the interlock device. Whatcom County didn't do their job."

The county's Seattle-based attorney, Mike Patterson, said Parker would have lied if they asked about the device being installed.

He said Bosman had a far greater role in stopping Parker from driving drunk before she crashed into French.

"Who could have prevented this crash?" Patterson asked the jury. "Chad Bosman. He's the proximate cause."

Determining negligence is now up to the jury.