Witness: Trooper had no choice

Kim Smith

Friday, July 5, 2002 | 9:07 a.m.

A Nevada Highway Patrol trooper being sued for fatally injuring a pedestrian four years ago had only seconds to react before striking the man, a witness to the accident testified Wednesday.

Michelle Orton, a St. George, Utah, resident, said she was driving "neck and neck" with Trooper Daniel Bennett on Interstate 15 on Dec. 26, 1997. They were going about 75 miles per hour when suddenly, a large metal object appeared in the middle of Bennett's travel lane, which was the left lane, she said.

"The highway patrol officer swerved around the object and then I could see in his headlights a car up ahead and a person standing by the car," Orton said. "When he saw that person and the car, he swerved again, I'm sure to avoid that person and the car.

"It happened within one, two, three seconds. Swerve, miss, swerve again."

Bennett, 39, is being sued by the family of Robert "Dale" Dodson, the Eureka man who was struck and killed by Bennett that evening.

Dodson's wife, Tammy, alleges Bennett's actions were reckless and is suing him, the Nevada Highway Patrol and Sheriff Jerry Keller for wrongful death.

Bennett maintains he was swerving to avoid the bicycle when he accidentally struck Dodson, 44. Tammy Dodson testified Tuesday that Bennett struck her husband long after he hit the bicycle after inexplicably veering into the median of I-15.

The bicycle was a Christmas present for the Dodsons' 10-year-old son and had just fallen off their vehicle, she said. Tammy Dodson said she and her husband had both gone to retrieve the bike when he was hit.

While Tammy Dodson said her husband left their Jeep Cherokee running with its flashers and headlights on, Orton said no lights were on at the time of the accident.

"It was pitch black, dark as night, very dark," Orton said.

No one other than Dale Dodson was standing outside the vehicle either, Orton testified.

Orton also told District Judge Lee Gates -- who will be rendering a verdict in the case -- that she believes a car traveling behind her struck the bicycle. They pulled over and changed a tire right after the accident, she said.

Because Bennett would have struck her if he had veered right, Orton said she believes the trooper acted appropriately that evening.

"I don't know that he had a choice," Orton said.

Also testifying Wednesday was plaintiff witness Timothy Babcock. The Metro accident scene investigator told Gates he believes the Nevada Highway Patrol wanted him to file a report based simply on the NHP investigation -- which cleared Bennett of wrongdoing.