By Janice Gregorson
Post-Bulletin, Rochester MN
6/23/2008 2:45:05 PM

An Olmsted County jury has awarded damages of nearly $600,000 to two men injured in a head-on traffic crash on U.S. 63 in 2004.

Jurors deliberated three hours before returning the verdict in favor of the plaintiffs, Rameshbhai Bhakta, 57, and Champak R. Bhakta, 50, on June 19.

They were injured in a head-on collision on U.S. 63 near 48th Street Southwest about 10:50 p.m. on Aug. 26, 2004. Ryan R. Chose, 34, of Kasson, was driving the wrong way in the southbound lane of the highway on Aug. 26, 2004, and struck the Bhakta car.

Injuries from collision

Champak Bhakta, the driver, owned and operated the AmericInn of Stewartville at the time. He suffered broken ribs and a lower back injury. Rameshbhai Bhakta, of Texas, was a passenger in the rear and was trapped in the back seat. He was freed by firefighters responding to the crash. He suffered a shattered right upper arm and fracture of the left lower leg. A plate was placed in his arm to hold the bones together and a rod placed down the lower leg, according to medical information given jurors at trial by his attorney, Douglas Boese of Rochester. According to court records, Rameshbhai Bhakta owned a motel in Texas and was unable to work and was forced to sell it as a result of the accident.

Chose was charged in criminal court with nine counts of criminal vehicular operation. In August 2005, he pleaded guilty to one of those counts and the others were dismissed.

During sentencing in October 2005, he told the victims that “I hope and pray that some day you can get back to the way your life was before I interrupted it. I have done a horrible thing.”

Authorities said Chose was intoxicated that night, and had a blood alcohol concentration of 0.20 percent — twice the legal limit for driving.

Judge Joseph Wieners put Chose on probation for three years and ordered him to serve 20 days in jail. He also was fined $750.

Dispute with insurance

The damage award stems from a civil suit filed against Allstate Insurance by the plaintiffs for underinsured benefits as provided under their own insurance.

The civil complaint said Chose was underinsured for the extent of the injuries and that the plaintiffs settled claims against Chose, but were not fully compensated for the damages and injuries. They then sought underinsured motorist benefits as provided in Champak Bhakta’s policy with Allstate.

Allstate said the plaintiffs were fully compensated for the injuries suffered as a result of the accident. Allstate also contended that Cheers of Waltham shared fault with Chose for illegally selling alcohol to the Kasson man when he was obviously intoxicated. However, that issue never went to the jury. Olmsted District Judge Debra Jacobson granted Boese’s motion for a directed verdict finding Allstate had failed to meet its burden of proof that Chose was “obviously intoxicated” as defined in the dram shop liability statute when he was served at Cheers.

The civil trial began on June 16 and wrapped up Thursday. Jurors awarded damages of $482,350.16 to Rameshbhai Bhakta and damages of $106,186 to Champak Bhakta. The damages are for past and future pain and disability and for past and future loss of earnings as well as for past medical and hospital expenses.
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