(Newswire.net — November 13, 2018) — The family of a pedestrian who was struck and killed by an attorney in St. Paul is filing a wrongful death lawsuit.
Relatives of 35-year-old Scott Spoo are suing attorney 61-year-old Peter Berge, who struck Spoo in February 2017 in the Merriam Park neighborhood. The lawsuit accuses Berge of negligent driving.
The lawsuit alleges that just before the collision, witnesses saw Berge looking down at his cellphone or mobile device. Witnesses also say that they saw Berge’s SUV weave over the center line of Mississippi River Boulevard three times.
Pedestrian accidents are becoming increasingly common as more drivers are distracted by cellphones while behind the wheel. In the U.S., a pedestrian is killed in a traffic accident every two hours.
Earlier in the year, the Hennepin County attorney’s office declined to file felony charges against Berge. The court determined that Berge was not “grossly negligent.” The office concluded that Berge was not on his cellphone and was not under the influence of drugs or alcohol at the time of the collision. Prosecutors relied on witness statements to come to their conclusion.
Prosecutors in Hennepin County handled the voice, as Berge has provided financial support for Ramsey County Attorney John Choi’s campaigns.
The lawsuit also mentions another accident that Berge was allegedly involved in the same day Spoo was struck. A woman claims to have been hit by Berge as she waited on an entrance ramp on I-94 in Minneapolis. No police report was filed, as the low-speed collision did not damage her vehicle.
Authorities claim that Berge had an undiagnosed brain tumor that played a role in Berge’s behavior. The plaintiffs argue otherwise. They also claim that Berge prevented investigators from unlocking his iPhone “by invoking his Fifth Amendment right against self-incrimination.”
According to the lawsuit, witnesses said Berge “surged in speed” as he neared the crosswalk and failed to apply his brakes before or immediately after the crash.
Upon the collision, Spoo “flipped up into the air above [Berge’s] SUV and forward in a spiraling, cartwheel fashion, and landed 65 feet south of the area of impact.”
Berge was reportedly “expressionless with no concern for the person he hit.”
Berge was arrested after the accident. Police suspected that he was under the influence, as he failed balance tests. At the time, police also stated that there might be reason to believe that Berge was on his cellphone when he hit Spoo.
Two days after the crash, doctors discovered a tumor on Berge’s brain. Berge’s attorney says his tumor affects his vision, which prevented him from seeing Spoo on the crosswalk.
The lawsuit also mentions that Berge took a week-long bicycle trip in California two weeks before the accident. Three weeks prior, he was in Las Vegas.
The lawsuit is seeking more than $50,000 in damages.