Prosecutor authorized to participate in negotiations in possible lawsuit

Presque Isle County prosecutor Don McLennan?s office has been authorized by the Presque Isle County Board of Commissioners to join in negotiations to settle pending litigation against the county. It involves an inmate of the county jail who attempted suicide Christmas Eve 2002.

Nathan Dewey of Rogers City survived the hanging, but suffered a serious brain injury. Attorneys representing Dewey and his family have threatened litigation, according to McLennan, and have filed a notice of intent with the county clerk?s office.

?THEY ARE prepared to file litigation against the county and have been in negotiations with an attorney who represents the insurance carrier for the county,? said McLennan. Dewey, who was 19 at the time of the incident, had been lodged in the county jail for a month on a charge of criminal sexual conduct. Dewey appeared to have been sleeping when a correction officer passed by his cell.

The officer was doing paperwork when another inmate in the same cell saw what was happening and threw a book to get the attention of officers. Dewey was transported to Alpena General Hospital.

NEGOTIATIONS HAVE been ongoing since December 2003 and the prosecutor has obtained copies of the correspondences exchanged by the attorneys from both sides. The Dewey family is requesting the county?s insurance policy limit, which is $2 million. ?If that demand is not met, they will be filing a suit for an amount in excess of the policy limits,? said McLennan. The initial demand was for $6,500,000.

?To put that in perspective, I can tell you there was a case in Flint six months ago that settled for $7 million,? said McLennan. ?Although it sounds like a lot of money, it?s not unheard of.? If the county insurance carrier accepts the settlement demand of policy limits and pays the $2 million, that eliminates any additional exposure the county might have, McLennan said. ?If our insurance carrier doesn?t settle and

goes to trial, and the judgment is for something less than $2 million, the insurance carrier is better off (and) we may be better in the sense of not having higher premiums.? If on the other hand the judgment comes in for any amount over $2 million, the county would be on the hook for the $2 million, he said.

MCLENNAN?S OBJECTIVE, on behalf of the county, is to resolve the situation within the policy limits. Regarding the prosecutor participating in negotiations, chairman Allan Bruder said this would give McLennan ?a good idea of what?s going on.? ?What concerns me is we?re sitting in the dark,? said McLennan.

McLennan told the board he?ll need to obtain further medical information regarding Dewey?s condition before making any suggestions to the attorney representing the insurance carrier. The vote of the board was unanimous.