State paying $5.2 million to family of woman killed by runaway tractor

Iowa will pay $5.2 million to the family of a 21-year-old Wisconsin woman who was hit and killed by a state-owned runaway tractor while she was sunbathing at Clear Lake State Park in July 2020 — marking the steepest state wrongful death settlement in recent memory, if ever.

“After several years of litigation and negotiations, the parties were able to resolve this case through mediation,” according to the deputy attorney general’s recommendation to settle, which the State Appeal Board agreed to do Tuesday. “This represents a very reasonable settlement in light of the nature of this case and considering other verdicts and settlements in Iowa and around the country for other wrongful death cases.”

As stipulated, the state will pay $3.4 million to Mercedes Kohlhardt’s estate and another $1.7 million in attorneys fees.

The only state settlement rivaling it in size in recent history came last year, when the state agreed to pay $5 million each to the siblings of an adopted 16-year-old girl who died of starvation weighing just 56 pounds in 2017. The siblings — who also were adopted by Misty Jo Bousman Ray and Marc Ray — sued the state, alleging failure to protect them from severe physical abuse, torture, and neglect.

The Kohlhardt wrongful death settlement stems from her visit to Clear Lake State Park with her boyfriend and her boyfriend’s father on July 28, 2020, according to the family’s February 2023 lawsuit. She was sunbathing in the grass at about 4 p.m. while Iowa Department of Natural Resources employees worked nearby.

One of those workers parked a 2013 John Deere 4720 tractor on a hill “above park visitors participating in recreational activities on and around the beach and water,” and he left it there in neutral, with the bucket elevated, and without fully engaging the tractor’s brake, according to the lawsuit.

With no one attending it, the unsecured tractor rolled down the hill, striking Mercedes and “causing multiple severe blunt force injuries to her head and other severe injuries,” the lawsuit reported.

Although she was breathing “for a period of time,” the woman eventually died from her injuries. In addition to the worker, Kohlhardt’s family argued the state is responsible for its employees.

“An unattended tractor does not roll down a hill and strike a person, causing their death, if reasonable care is exercised,” according to the lawsuit.

The state in responding to the lawsuit in 2023 denied the worker left the tractor’s gear in neutral and that he failed to fully engage the brake and properly park it. The state did admit the tractor operator left the vehicle and began working “in close proximity.”

The state, in court documents, listed several possible defenses — including immunity, statutes of limitations, and negligence on the part of the plaintiff.

In advising the appeal board to accept the settlement, however, Deputy Attorney General Jeffrey Peterzalek said, “A tractor owned by the state and operated by a state employee was not parked properly and left unattended.”

“The tractor rolled down a hill toward the beach in a rapid and uncontrolled manner,” Peterzalek wrote. “Ms. Kohlhardt attempted to get out of the way of the runaway tractor, but tragically she was run over.”

Other large state settlements include November’s $3.4 million wrongful death payout, resolving a lawsuit over the 2022 death of a 30-year-old resident at the state-run Glenwood Resource Center.

Department of Education settlement

Through a separate settlement approved Tuesday, the state agreed to pay a former Iowa Department of Education deputy director $440,000 to resolve her accusations of disability discrimination and retaliation.

Amy Williamson, who first started working for the state’s education department in 2007 and was promoted to deputy director of learning and results in October 2020, said in her 2023 lawsuit that she has multiple chronic health conditions like migraines, compressed nerves in her cervical spine, and occipital neuralgia. Following surgery, Williamson in her lawsuit said she was placed on a list of employees who used “too much sick leave.”

“Beginning in the spring of 2021, Amy became concerned that the department was implementing policies and practices that targeted employees with disabilities, who requested reasonable accommodations, or who took leave protected by the Family Medical Leave Act,” according to her lawsuit. “Throughout her employment, Amy voiced those concerns.”

That spring, Williamson said a new human resources director began frequently investigating employees for “minor infractions such as being allegedly impolite or questioning the actions of upper management.” And later that year the HR director brought concerns about “sick leave abuse” to Williamson.

In her lawsuit, Williamson accused department management of denying sick leave requests and proposing employees share more information about why they need time off — despite her concerns such information could lead to discrimination. In response to her complaints, Williamson said she was retaliated against and blocked from doing her job.

“Multiple staff members approached Amy, many crying or visibly distressed, because they were being bullied, harassed, tracked, surveilled, or otherwise treated unprofessionally and/or illegally,” according to the lawsuit. “Amy advised them to file formal complaints … but many declined for fear of retaliation.”

In February 2022, Williamson reported having a “health crisis” that her doctor determined was caused by stress — recommending she take medical leave. The same day she faxed over her leave paperwork, the department posted a job opening for the duties Williamson performed.

“After having most of her job duties and authority stripped away, suffering from debilitating anxiety, and seeing (the department) post her job while she was on FMLA leave, Amy was constructively discharged from her employment,” according to the lawsuit.

In Assistant Attorney General Christopher Deist’s recommendation to settle, he said the Department of Education denied Williamson’s characterization of the events, maintaining that her issues amounted to disagreement with a reorganization.

“The stated goal of these changes was to improve consistency, fairness, and adherence to Department of Education and Department of Administrative Services personnel policies, as well as reflect the increased duties and responsibilities the Department of Education took on because of the COVID-10 pandemic.”

Vanessa Miller covers higher education for The Gazette.

Comments: (319) 339-3158; vanessa.miller@thegazette.com