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November 15, 2009

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State to settle for $2.4 million in fatal car crash in Arizona

Wednesday, May 15, 2002 | 9:50 a.m.

CARSON CITY -- What started out as a misdemeanor traffic stop in May 2000 ended up in a fatal crash that is costing the state $2.4 million.

In the largest out-of-court settlement in at least 12 years, the state Board of Examiners agreed to pay that amount to the victims of a head-on crash in Arizona caused by a motorist who had been chased by the Nevada Highway Patrol.

The board voted 2-1 on Tuesday to settle the case rather than go to trial on a lawsuit in which the victims are seeking $60 million.

Secretary of State Dean Heller dissented, saying he didn't think Nevada was liable for the damages.

The incident happened early on May 25, 2000, court documents say, when Clark Ford was seen in his sport utility vehicle skidding around on a golf course in Mesquite, tearing up the turf. He sped off when he was spotted.

Authorities were notified, and Nevada Highway Patrol troopers stopped Ford en route to Las Vegas on Interstate 15.

As the patrolman started to question Ford, he sped off and turned around toward Arizona and Utah on I-15. Two troopers chased Ford for 100 miles at speeds up to 100 miles per hour.

The patrolmen stopped when they got about two miles inside the Arizona border.

A law enforcement officer from Mohave County, Ariz., took up the chase, joined by deputies from Mesquite. Ford crossed onto the wrong side of Interstate 15, and his vehicle hit two other oncoming vehicles.

In one car was a group of young people from Colorado coming to Las Vegas for a wedding. The impact killed Ford and Justin Harbottle, who was a passenger in the Colorado vehicle.

Three others in the Colorado car were injured: Curtis Goodiel, the driver and the groom-to-be, who has run up $44,000 so far in medical bills; Alexandra Gish, the bride-to-be, who has $103,000 in medical bills; and her brother, Christopher Gish, who has accumulated $1.2 million in medical bills and will face another $1.5 million in the future.

Illona Stuehser, who lived in Utah but worked in Mesquite, was the driver of the third car. She has $142,000 in medical bills so far.

"It's hard for me to understand how we're at fault," said Gov. Kenny Guinn, the board's chairman, saying the patrolmen did the right thing. But Guinn added the survivors would "never have another day free of pain" because of their critical injuries.

Guinn said he was agreeing to settle because of the advice of an independent law firm hired in Arizona by the attorney general's office.

Mesquite will pay $2.4 million, but Mohave County, the other defendant, has refused to settle.

An agreement reached in mediation set a payment of $7 million by the three defendants, but Mohave County backed out.

Ford, the driver at fault, had a $100,000 insurance policy, Solicitor General Tony Clark said. Tests showed that Ford was not under the influence of liquor or drugs and did not have any outstanding violations.

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