Clark Co. disallows claims of car crash victims
The Clark County Board of Supervisors last week followed “standard practice” in disallowing two notices of claim filed against it by the families of two highway department employees involved in an August 2021 traffic crash, but the families of those involved are asking for more personal treatment.
“Put a face on them, don’t put a number” one family member said in addressing the board before it took action on Feb. 17.
The notices of claim have been filed against the county by Jill Opelt, widow of Russell Opelt, who was killed on Aug. 8 south of Willard when a car struck a tree that he and another highway department employee were removing from the road after a nighttime windstorm.
The other claim was filed by David and Dawn Murphy. Murphy was severely injured in the incident, which occurred around 1 a.m. on County Road G.
The notices of claim are the first step in a process that may lead to the families filing lawsuits against the county. The Opelt claim asks for $1,812,500 for funeral expenses, loss of future income, and loss of society and companionship.
The Murphy claim seeks $2,475,000 for medical expenses, pain and suffering, wage and income loss, and loss of society and companionship.
County attorney Jake Brunette said the county was served with the notices of claim on Dec. 6, and has 120 days to take action on them. The notices were forwarded to the county’s insurance carrier, which recommended disallowing them, Brunette said.
He called that action “standard practice,” as it sets a 6-month time limit for the plaintiffs to file actual lawsuits.
If the county did not take action to disallow, Brunette said, the plaintiffs would then have either two or three years to file lawsuits, depending on what the lawsuits allege.
“I agree with disallowing the claim,” Brunette said. “By disallowing it, it shortens that window to six months.”
It has already been more than six months since Opelt and Murphy were sent to the scene south of Willard where a single tree had fallen across the road.
As the men worked to cut the tree apart with a chainsaw, a truck driven by Cory Neumueller of rural Neillsville approached from the north and struck the tree. The force of the impact caused Opelt’s death, and Murphy was injured to the extent where he had to have a leg partially amputated.
The notice of claim states the death and injury “were allegedly caused by the negligence of Clark County, Clark County Highway Department, and Clark County Sheriff’s Department, its agents, officers and employees.” The parties are being represented in the claims by attorney Stuart Spaude of Appleton.
Rollin Opelt, a brother of Russell Opelt, addressed the board before it voted on either claim. He said Russell Opelt and Murphy both worked for the county for more than 20 years, and they deserve to be treated as more than names on a legal document.
“I just wish that you’d put a face on those two people that were hurt,” he said. “Don’t just think of it as a money thing.”
Several family members attended the board meeting at the courthouse in Neillsville, and Rollin Opelt asked supervisors to consider their feelings.
“Look back at his children and say, ‘Well, we don’t want to pursue this,’” Rollin Opelt said. “It might be proper protocol to do it that way, but maybe this time, let’s get it done. Every time you drag this out, our family goes through something else. Put a face on them, don’t put a number.”
Brunette said by disallowing the claims, it may actually speed up the process as the timeline for filing a lawsuit is now limited to six months.
Supervisor Fred Schindler of Curtiss said the disallowance should serve the families’ interests.
“By voting yes, you’re shortening it up and you’re almost honoring what he’s asking for,” Schindler said.
The board voted 26-2 to disallow both claims. Supervisors Fritz Garbisch of Granton and William Neville of Neillsville cast the dissenting votes.
Neumueller, 29, has been charged in the case with eight felony counts, including homicide by intoxicated use of a vehicle, injury by intoxicated use of a vehicle, hit-and-run involving death, and hit-and-run involving injury.
His vehicle entered a ditch after it impacted the tree, and Neumueller allegedly walked away from the scene and to a nearby house after helping Murphy call 911. He was bound over for trial following a preliminary hearing and is free on a $25,000 cash bond, although he is limited to staying at his home and workplace.
He is to be in court on May 11 for a scheduling conference in the case.
