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Posted on Mon, Oct 22, 2012 : 9:30 a.m.

Ann Arbor woman to be sentenced in drunken hit-and-run accident; also faces lawsuit

By John Counts

Morse.jpg

Kimberly Morse

Kimberly Vernell Morse, 44, is scheduled to be sentenced Wednesday on two charges related to a drunken-driving accident that left an Ann Arbor man seriously injured.

Washtenaw County Trial Court Judge Archie Brown agreed to a sentence of 14-38 months in prison as part of a plea deal. In September, the Ann Arbor woman pleaded guilty to a charge of operating while intoxicated causing serious injury and no contest to failing to stop at the scene of a serious personal injury and accident. A third charge of operating while intoxicated was to be dismissed.

Morse's legal issues won’t end after sentencing, however. A civil lawsuit filed two months after the March incident by the injured bicyclist, William Pidgeon, is still pending. A scheduling conference was adjourned Oct. 11 and rescheduled for Dec. 10, according to court records.

The suit, filed May 30, seeks more than $25,000 in damages. It lists two defendants, Morse and Citizens Insurance Co., where Pidgeon has a policy. Since Morse was “uninsured or under insured,” the company should be liable, the suit claims.

Both the criminal and civil cases stem from an incident on March 13. Morse has admitted that her blood-alcohol content level was .24 percent when she struck Pidgeon on Dixboro Road in Ann Arbor Township. Morse fled the scene. She said she didn’t recall leaving the accident scene due to her intoxication. A state trooper later arrested her when she was in a second accident at U.S. 23 and North Territorial Road.

The lawsuit claims the accident left Pidgeon physically and emotionally injured.

“(Morse) left the scene of the accident and left (Pidgeon) sprawled in a ditch and suffering from significant injuries which caused (him) to suffer serious impairments of important body functions,” the lawsuit states.

In goes on to say that Pidgeon has “suffered serious and permanent disfigurement” and a “loss of enjoyment for the ordinary pleasures of life.”

A response filed by Morse’s attorney claims that at a trial, the defendant will show Morse wasn’t the sole cause of the accident and that Pidgeon’s negligence contributed to it, according to court records.

Court records show that the bulk of Morse’s responses to Pidgeon's, however, had to do with her extreme intoxication. She was unable to admit or deny the claims.

“She doesn’t have a recollection of striking anyone,” said Richard Convertino, Morse’s attorney in the criminal case, at her September court appearance.

In the lawsuit, Pidgeon is represented by Norbert Leonard of Leonard and Kruse, Morse by James Bradley of Seacrest Wardle and Citizens Insurance by Jessica Greyerbiehl. None of the attorneys involved in the case returned phone messages left by AnnArbor.com. Pidgeon also declined to comment.

John Counts covers cops and courts for AnnArbor.com. He can be reached at johncounts@annarbor.com or you can follow him on Twitter.

Comments

Richard Carter

Tue, Oct 30, 2012 : 8:51 p.m.

About the only thing I could think of where an attorney could say the victim was partly negligent would be if he didn't have lights on his bike and it was dark -- something like that that could be determined from looking at the bike wreckage or photos of it. My point is, it doesn't require the driver's memory. I'm not saying that's what happened, and I'm not trying to blame the victim, but I'm a cyclist and a driver, and I've, stone sober, nearly hit a couple of bicyclists in my time who had no lights on.

djm12652

Mon, Oct 22, 2012 : 8:19 p.m.

Her attorney is claiming it's also the victim's fault for not being aware of his client being drunk...well of course he should have known she would be drunk and driving where he was...most definitely negligence on his part for not being a mind reader....

djm12652

Tue, Oct 23, 2012 : 4:33 p.m.

OMG lighten up....it's a remark to show just how ridiculous our legal system can be....if the lawyer can claim the rider was negligent...so can I...with my own scenario because just like the attorney, I was not at the accident, and his client was too drunk to remember what happened...I'm just trying to help them out but putting the onus upon anyone/everyone else...I'm sure Ms. Morse is an affable drunk, with no malicious intent...c'mon...we've all gotten behind the wheel after drinking and believed we could drive...oh wait, almost 61 and never done that...so y'all, not we'all

Matt Cooper

Tue, Oct 23, 2012 : 1:04 a.m.

And where exactly did you see this reported? Was this in the court record? Just curious. I'd like to look it up and see for myself.

Tesla

Mon, Oct 22, 2012 : 5:45 p.m.

Pidgeon ( the biker that got hit by Ms. Morse) is suing his OWN insurance company? Seriously? Why? I get that she either had no insurance or was under insured but what does his insurance company (Citizens Ins.) have to do with anything. As far as I know they don't insure bicycle riders.

RJA

Mon, Oct 22, 2012 : 4:18 p.m.

Can't fix STUPID!! What is it going to take for people to realize you can NOT drink and drive. Congrats to all law enforcement (and citizens) that have stopped drunks before something like this happens. (Citizens don't stop them) but have heard many that will call 911 and report them. .

justcurious

Mon, Oct 22, 2012 : 5:29 p.m.

I've seen semi drivers stop them with blockades after getting the word via cb's. Definitely call 911 and try to help the officer's get them off the road, we do.

Basic Bob

Mon, Oct 22, 2012 : 3:19 p.m.

With 20% of drivers not carrying any kind of liability insurance, you need to protect yourself against uninsured drivers by purchasing the proper coverage. A good agent would explain this.

djm12652

Tue, Oct 23, 2012 : 4:38 p.m.

Michigan is a no fault state so I have more than adequate coverage for my vehicle...it's not my responsibility to pay for under-insured or un-insured....that's their problem. And liability coverage is mandatory. Back in the old days it was PLPD coverage with out collision or theft etc.

markguy

Mon, Oct 22, 2012 : 9:17 p.m.

I was just told at my insurance review that if I am hit by a car while riding my bike, I am covered by my auto policy. Not that I want to find out....

Tesla

Mon, Oct 22, 2012 : 5:47 p.m.

Thats great but he was riding his bicycle. What insurance policy covers one when riding a bicycle? Do bicycle rider policies exist?

justcurious

Mon, Oct 22, 2012 : 2:42 p.m.

Another plea deal. Why bother to have laws with penalties if the penalties are never followed and always get reduced? At least there is some resolution in this drunk driving case in about seven months as opposed to more than 14 months for another unsettled case where a good man was killed by a drunk driver. I am always wondering who watched these drunks fumble for their keys and stagger out to their cars to get on the road with the rest of us. What are they thinking?

Billy Bob Schwartz

Mon, Oct 22, 2012 : 2:19 p.m.

Too drunk to remember driving around hitting people? Is that an excuse? Nope. If she was that blotto, the accident for sure, and the flight, too, and all resulting injuries, could hardly be the fault of anyone else.

a2cents

Mon, Oct 22, 2012 : 3:42 p.m.

&& her lawyer says the cyclist was negligent... her account?

karen

Mon, Oct 22, 2012 : 2:18 p.m.

How can our court system slap so many drunk drivers that seriously injure/kill people . The people hurt have tons of bills or worst famlies must now figure out how to pay for funeral costs which can average 8,000.00 or more dollars for someone killed prematurely by DRUNK drivers. The damn drunk will get only MONTHS if only wounding someone and for Killing they get 5 years SO SO SAD!!!!!! I personally know someone that killed a loving, spirited wonderful mother of 3 delightful children My ex-friend got 5years she got out 2months early for good behavior. How can that be Justice to the Mother and her Children. I am all for JUSTICE but please our Judges need to step up and remember Drunks will not learn unless longer harder pentalies are taken . If you choose to get drunk and drive then you should get life for taking a life period!!!!!! Come on people I enjoy drinking but when I do I DO NOT DRIVE AT ALL!!!

Ed Kimball

Tue, Oct 23, 2012 : 1:57 p.m.

Unfortunately, it's clear that even long jail terms and revoking drivers licenses do not convince many drunks not to drive while intoxicated after they get out. The main advantage of long jail terms (and it's an important one) is that it keeps these people off the roads while they're incarcerated.

Bob W

Tue, Oct 23, 2012 : 10:45 a.m.

I agree also. The. Courts refuse to take this issue seriously.

swcornell

Tue, Oct 23, 2012 : 3:35 a.m.

I agree! I cannot understand why someone convicted of driving intoxicated is ever allowed to drive or own a motor vehicle again. They should just learn to live within walking distance or a bus ride of where they work. If the licensed owner allows them to drive a legally owned vehicle that owner becomes liable. This is the way it is in Europe.

Ricebrnr

Mon, Oct 22, 2012 : 1:36 p.m.

""She doesn't have a recollection of striking anyone," said Richard Convertino, Morse's attorney in the criminal case, at her September court appearance." "A response filed by Morse's attorney claims that at a trial, the defendant will show Morse wasn't the sole cause of the accident and that Pidgeon's negligence contributed to it" It will be interesting to see the legal gymnastics this attorney will have to perform in order to reconcile these 2 statements. Disgusting.

Matt Cooper

Tue, Oct 23, 2012 : 10:31 p.m.

M-Wolverine, in case you didn't know it, forensic evidence doesn't require she remember a thing about the accident. Skid marks on pavement, for instance, can show what happened without anyone remembering a thing. Cases are won and lost on forensic evidence that people don't remember every single day in courtrooms across the country. Surely you do realise that we have some pretty advanced technologies that come into play nowadays, right? And your quote about her inability to admit or deny the claims proves what? That she doesn't remember? She openly admitted she doesn't remember.

Ed Kimball

Tue, Oct 23, 2012 : 1:54 p.m.

While I think Morse's attorney will have a hard time winning the civil suit, it is at least conceivable that there was evidence of Pidgeon's negligence at the crime scene and his case does not depend on testimony from Morse. It's conceivable -- but I don't consider it likely.

M-Wolverine

Tue, Oct 23, 2012 : 1:11 p.m.

Seriously? If she doesn't remember them, how can she present these existing mitgating factors? Even if they did exist she'd have no way to present them because she doesn't remember them. Unless you're imagining a slew of witnesses that haven't been presented in any article about the court proceeding. The thing is, this article itself shows the point is moot - "She was unable to admit or deny the claims."

Matt Cooper

Tue, Oct 23, 2012 : 1:01 a.m.

Not sure what it is that you think needs to be reconciled. In the first statement, Morse's attorney says she doesn't remember. In the second her attorney says he can show whatever it is he thinks he can show to demonstrate some responsibility or negligence on the part of Mr. Pidgeon. Are you assuming that there is only one side to the story? Or are you so intimately familiar with the evidence as to know for a conclusive fact that there is no evidence that might mitigate Morse's responsibility? Simpoly because she doesn't remember the events doesn't mean that mitigating factors don't exist.

StopCrying

Mon, Oct 22, 2012 : 2:16 p.m.

That was the same thought I had..she screwed up (twice in one night). Assuming this guy has serious and permanent issues he should have the change at never collecting money from the deadbeat.