A 24-year-old Walcott man sentenced after a Muscatine County crash is a defendant in a civil suit, court records show.
A jury trial tentatively has been set for Oct. 28, 2024, according to Muscatine County Court records.
Earlier this year, Matthew Fisher, of Durant, filed suit against Kent Reimers; Liqui-Grow Trioak, L. L. C.; Liqui-Grow of Traer, L. C.; Twin State, Inc.; and Employers Mutual Casualty Company, court records say.
The 2022 incident
On May 2, 2022, at or near the intersection of Vail Avenue and 120th Street in Muscatine, Fisher was a rear passenger in a 2013 Fire Freightliner FT driven by Andrew Grumman and owned by the City of Durant.
The Freightliner, with active emergency lights and siren, was southbound on Vail Avenue. About the same time, Reimers was operating a 2022 three-wheeler TerraGator 7300 C.
The lawsuit says the Freightliner was being used to respond to an emergency in the area. Reimers was traveling north on Vail Avenue, turning east onto 120th Street, and then reversing back onto Vail Avenue, causing a collision with the Freightliner.
Reimers, the suit alleges, “failed to properly control his vehicle and thereby caused a collision with the vehicle in which (Fisher) was a passenger.”
Fisher accuses Reimers of negligence, saying he failed to keep a proper lookout, failed to exercise ordinary care in the operation of the vehicle, failed to maintain control, failed to yield to oncoming traffic, and/or failed to reasonably operate a commercial vehicle, court records show.
Fisher has had medical expenses, “loss of full mind and body,” physical and mental pain and suffering including mental anguish and loss of enjoyment of life, and lost wages; and will have future medical expenses, and future loss of full mind and body, future physical and mental pain and suffering including mental anguish and loss of enjoyment of life, and future loss of earning capacity, he says in the suit.
Fisher asks for judgment against Reimers “for an amount in excess of the jurisdictional amount limit together with interest as provided by law, and the costs of this action.”
He also asks for punitive damages.
Reimers, the suit alleges, was employed by Liqui-Grow. “In all cases where damage is done by reason of negligence of the driver, and driven with the consent of the owner, the owner of the motor vehicle shall be liable for damage,” the suit alleges.
Fisher asks for a jury trial.
On June 6, 2023, Reimers was sentenced. Court records show he pleaded guilty to operating while intoxicated – first offense; and leaving the scene of an accident resulting in serious injury.
For the OWI, he was sentenced to incarceration in Muscatine County Jail for a period of one year, with all but 20 days suspended with credit for any time served, court records show.
For the charge of leaving the scene of an accident resulting in serious injury, he was given an indeterminate sentence of five years, with credit on his sentence for any time spent in Muscatine County Jail in connection with the case. The sentence was suspended, and Reimers was placed on probation, “pending good behavior for a period of three years,” according to court records.