Kalona incident brings lawsuit
KALONA—A lawsuit has been filed in relation to the accident that happened at the Kalona Sales Barn last August.
According to the court record Albert Michael Hermann, the plaintiff, said he was injured on Aug. 6, 2012, when a vehicle driven by James Walter Greiner struck him, the court record said. David Roy White was listed as the owner of the vehicle, the court record said.
“James Greiner was negligent in the operation of the motor vehicle,” the court record said. “By operation of law, the negligence of James Greiner is attributable to David White.”
The court record said as a result Hermann sustained injuries, a portion of which are permanent, with past and future physical impairment and disability.
Hermann also had pain and suffering, health care costs, loss of wages, potential loss of future income or learning capacity, past and future mental anguish, emotional distress, humiliation, embarrassment, and loss of enjoyment of life, the court record said.
The amount is listed as to be determined for his actual damages in full, the court record said.
In response to Hermann’s filing, both Greiner and White denied the claims, the court record said. Greiner and White said the damages, if any, were partially or completely caused by fault on the part of Hermann, and his recovery should be reduced by that percentage of fault, the court record said.
The court record said Greiner was suffering from a medical condition at the time of the accident that, through no fault of his own, prevented Greiner from maintaining control of the vehicle. As a result Greiner and White are legally excused from any alleged negligence, the court record said.
As reported in the The Journal on Aug. 6, 2012, at about 10 a.m. reports of an out-of-control vehicle had struck several pedestrians at the Kalona Sales Barn. There were reports of at least five people
being injured and one fatality.
Eyewitnesses said they believed the driver, who was later identified as Greiner, must have experienced a medical problem to cause him to lose control of the vehicle.
Mike Rohlf was one of the eyewitness. He said the vehicle was on C Avenue where items for the auction were being sold. The truck was moving west along the avenue as the auctioneer moved from one table to the next. Rohlf said he saw the truck accelerate unexpectedly and race through a crowd of people on C Avenue. Rohlf said he could see inside the cab of the pickup and the driver appeared to be frozen.