Family of man who was killed by NHP car wins lawsuit

Kim Smith

Wednesday, Sept. 4, 2002 | 9:15 a.m.

Clark County District Judge Lee Gates has awarded $275,000 to the family of a Eureka man who was struck and killed by a Nevada Highway Patrol trooper's car in December 1997.

Robert "Dale" Dodson, 44, died Dec. 26, 1997, while trying to retrieve his young son's bicycle after it fell off his Jeep Cherokee on Interstate 15.

The Dodson family sued the Highway Patrol, Metro Police and Trooper Daniel Bennett, alleging Bennett, 39, struck Dodson while acting recklessly that night. The suit further claimed NHP officials covered up his error.

The case went to trial in June, and Gates ruled on the case Friday after reviewing written closing arguments filed by attorneys for both sides.

During the trial, Timothy Babcock, a Metro accident scene investigator, told Gates he believes NHP officials didn't want him to conduct his own investigation of the accident. They just wanted him to file a report based on their information, he said.

Bennett, 39, told Gates the incident was a tragic accident that happened in a matter of seconds and at least two witnesses testified they believed Bennett was not at fault.

According to court documents, Gates ruled that Bennett was driving too fast and wasn't keeping a "proper lookout" when he drove around the bicycle. "(The) court finds that the trooper was 100 percent negligent," Gates' court minutes show.

The judge also ruled that the "Nevada Highway Patrol investigation was not credible and they did not take statements from all of the witnesses."

Assistant Solicitor General Joseph Vadala, who represented the defendants, could not be reached for comment.

The Dodsons' attorney, Luis Rojas, said Dodson's widow, Tammy Dodson, will now have the ability to care for her family. Her husband had been the sole provider.