The husband of a woman killed in a traffic accident almost a year ago in Hailey has been awarded $620,000 in a wrongful death lawsuit against a man who has admitted causing the crash.
Fifth District Court Judge Robert J. Elgee awarded a default judgment on Jan. 28 to Robert C. Redfern, the husband of 53-year-old Bertilia Lyn Redfern, who was killed in an accident March 10. Cody William Stevens, who pleaded guilty on Jan. 19 to misdemeanor vehicular manslaughter in the death of Redfern, made no attempt to defend himself in the lawsuit and instead filed for bankruptcy protection shortly after Robert Redfern filed his claim.
Whether Redfern will ever be able to collect money from Stevens remains unknown.
"We don't know yet," Redfern's attorney, Keith Roark, said in an interview. "We filed a lawsuit, they didn't respond, we have a judgment. It's just one step in a process of trying to recover something."
Roark said Redfern will seek a restitution order in the amount of the judgment when Stevens is sentenced in the criminal case. A sentencing hearing is currently scheduled for Feb. 22 before Blaine County Magistrate Court Judge R. Ted Israel. Misdemeanor vehicular manslaughter is punishable in Idaho by up to year in jail and a fine of $2,000.
Stevens, a 29-year-old Twin Falls resident, was originally charged with felony vehicular manslaughter. That charge was reduced to a misdemeanor in a plea agreement with the Blaine County Prosecuting Attorney's Office after test results were negative for alcohol or drugs in Stevens' blood at the time of the accident.
The accident occurred about 12:20 p.m. on March 10 about a half-mile north of the intersection of state Highway 75 and Countryside Boulevard in Hailey. According to police reports, Stevens was northbound in a 2009 Chevrolet Silverado that he had rented earlier that day from Enterprise Rent-A-Car in Hailey.
Stevens admitted at his change-of-plea hearing on Jan. 19 to having swerved into the southbound lane, causing Bertilia Redfern to swerve and lose control of her 2002 Subaru, which was then struck by a northbound GMC truck. Bertilia Redfern was pronounced dead at the accident scene.
Robert Redfern filed his wrongful death lawsuit on May 1. According to court records, Stevens was served with a summons regarding the lawsuit on May 4.
U.S. Bankruptcy Court records in Boise state that Stevens and his wife, Jennifer Stevens, filed for bankruptcy protection on May 15, listing Robert Redfern among the creditors. Records show that Stevens and his wife were granted a Chapter 7 bankruptcy by the court on Dec. 10.
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Chapter 7 bankruptcy provides for liquidation of a debtor's assets with distribution of the proceeds to the creditors.
Stevens and his wife could not be reached for comment regarding the lawsuit and judgment.
Jennifer Stevens wrote earlier in an e-mail to the Idaho Mountain Express that "Cody is a great man who would give the shirt off his back for someone else if it would better their life. Being married to Cody for five years and being sweethearts in early high school years, I feel that it is important for everyone to know that Cody is not the man that some are making him out to be."
Cody Stevens is a U.S. Navy veteran and was enlisted in the U.S. Army Reserves at the time of the accident.
Robert Redfern wrote in an affidavit filed as part of the lawsuit that he and Bertilia, a legal secretary with the Roark Law Firm, had been married for 36 years.
In arriving at the $620,000 claim, Redfern estimated lost financial support from his wife's death at $360,0000, lost marital support at $250,000 and medical and funeral expenses at $10,000.
Redfern's lawsuit against Stevens also lists as defendants "John Does" 1 through 10, who the lawsuit states might be later identified as individuals or business or political entities "whose negligence may have contributed to the death" of his wife.
Roark said the lawsuit might be amended to include other parties as defendants.
"I don't rule anybody out," he said.
Terry Smith: tsmith@mtexpress.com
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