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Local News PUBLISHED:
The state acknowledged negligence in the accident the day before the non-jury wrongful death trial was scheduled to begin July 24 in Sanilac County Circuit Court. "I thought it was interesting they said their police officer was completely innocent but never wanted to put witnesses on the stand," said John Paterson, attorney for the Wallace estate. "Our witnesses (would have testified) the accident happened with exact contradiction to what the crack reconstructionist (for the state police) said. The state police would never subject their (witnesses) to perjury under oath in the courtroom. I wasn't surprised." "We acknowledged liability in this case," said Rusty Hills, a spokesman for the Michigan Attorney General's Office. "It's a very unfortunate accident and our hearts go out to the family of the deceased. We want to make things right." With the issue of liability settled, the civil trial focused on claims for economic and non-economic losses on the part of Wallace's wife, Colleen Wallace of Sandusky, representative of her late of her late husband's estate who filed the lawsuit against the state police. She also has a separate civil complaint pending against the trooper. That case has been appealed to the Michigan Court of Appeals by Sweeney, who is claiming governmental immunity. Colleen Wallace is asking for $4.3 million in economic losses, while the state has countered with $1.4 to 1.6 million. The judge will also consider compensation for the loss of society and companionship for Colleen, two children and an unborn child. Michael Wallace had a daughter, Cady, with wife Colleen, and a son, Alec by a previous relationship and who lives with his mother. Colleen was pregnant with daughter Riley at the time of his death. Judge Donald Teeple heard four days of testimony, ranging from economists on both sides who presented conflicting opinions as to monetary damages owed the estate, to recollections on the part of his wife. Teeple will make his ruling on compensation after written and oral arguments are completed, which will take several weeks. Colleen Wallace testified her husband "loved his job" but was a devoted family man who took two months off work when she gave birth to their first child, Cady, in Sept. 2003. He worked the midnight shift, she said, so he could spend time with his two children Ð Cady, and son Alec from a previous relationship, and his hobbies "playing with his tractor", fixing up the 1970 motor-home he bought for family camping trips, hunting, and working on their farm. Colleen said she was about eight months pregnant with their second child when he was killed. She recalled when he learned he was going to have another daughter he thought it was "so cool." Colleen testified the last time she saw husband was the night of the crash, when he left for his job at a Marysville factory where he was an electrician. Colleen and their daughter, Cady, had just returned from shopping for a Halloween costume. She showed off the Detroit Lions cheerleading outfit for her dad, a Lions fan, struck a pose and shouted, "Go Lions," recalled Colleen. His final words to his wife were, "I love you." Ten minutes later, at 10:45 p.m., he collided with the police car. She was notified by phone around 11 p.m., and "buttoned" up her emotions so she could calm her daughter, and then called neighbors to baby-sit Cady and to drive her to McKenzie Hospital. She was able to touch her husband at the hospital, but he never regained consciousness after the crash. He was pronounced dead a few hours later at Hurley Hospital in Flint. Asked by her attorney, John Paterson, what she tells her children about the accident, she replied, "I tell them the truth. They know he died in a traffic accident but we don't stop there. They know Dad's in heaven, that it's not the end of the relationship with the family, and when it's their turn (they'll see him again)." |
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