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Motorcyclist's family sues Janklow
January 21, 2004

Sioux Falls, S.D. — (AP) - The family of a Minnesota motorcyclist killed in a collision with a car driven by Bill Janklow has filed a wrongful-death lawsuit against the former South Dakota congressman.

Janklow was served with the papers Friday at the Minneapolis airport on his way from Washington to Sioux Falls, said Ronald Meshbesher, a Twin Cities lawyer handling the case for the family of Randy Scott.

The lawsuit contends that on Aug. 16, Janklow drove "carelessly, negligently and recklessly with conscious and unjustifiable disregard of a substantial risk" when he ran a stop sign at a rural intersection near Trent.

Scott, a 55-year-old cattle rancher and farmer from Hardwick, Minn., collided with Janklow's car, was thrown from his motorcycle and died. Janklow, who was driving a Cadillac that belonged to a friend, suffered a broken hand and head injuries.

The lawsuit was filed in Hennepin County District Court in Minneapolis on behalf of Scott's mother, Marcella Scott; son Jerry; daughter Brandee, and sister Jerilyn Kille. It comes a month after a jury in Moody County convicted Janklow of speeding, running a stop sign, reckless driving and second-degree manslaughter.

One of Meshbesher's partners said the case was filed in Hennepin County because Scott's lawyers are in the Twin Cities. Marcella Scott and Brandee Scott also live in Minnesota, but outside the metro area.

Janklow's lawyer, Ed Evans of Sioux Falls, would not comment Wednesday.

Janklow is scheduled to be sentenced Thursday in Flandreau. The four-term Republican governor of South Dakota was elected to the U.S. House of Representatives in 2002. He resigned from Congress Tuesday, ending a political career that began in the early 1970s when he was elected the state's attorney general.

In a telephone interview from his vacation home in France, Meshbesher said Wednesday it's a straightforward wrongful death case, except for the fact the defendant is a former congressman.

"We think it's a clear-cut case of liability. The only issue will be the amount of damages, as I see it. The family didn't rush to judgment on this," he said.

Meshbesher said he would oppose any attempt to make the federal government cover the damages because he doesn't believe Janklow was on official business. Janklow had spoken earlier in the day in Aberdeen and was on his way home to Brandon.

"The issue is whether he was in the scope of employment. We don't think he was," he said.

"If the case is moved to federal court, the United States government is substituted as Janklow as defendant and the taxpayers would pay the tab, which under this situation I believe would be inappropriate."

Meshbesher also said it's unlikely Janklow could otherwise have the case moved to federal court because Scott's son and sister live in South Dakota and his daughter and mother are Minnesotans. "If all of the plaintiffs live in Minnesota, then he would have an automatic right to move it to federal court in Minnesota. He doesn't have that right because there's lack of diversity in citizenship," he said.

It also would be difficult for Janklow to move the case to state court in South Dakota, since the papers were served in Minnesota, Meshbesher said.

The summons, dated Jan. 16, requires Janklow to answer the complaint within 20 days.

The Scott family is seeking more than $50,000 but doesn't list a specific amount in the lawsuit.

(Copyright 2004 by The Associated Press. All Rights Reserved.)

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