Petersen's lawyer wants civil lawsuit dropped

By John Grant Emeigh - 01/07/2009

The lawyer for Wade Petersen is asking the court to drop a civil suit against his client in connection with a deadly hit-and-run accident.

Petersen, 21, and Brendan Barrett are defendants in a lawsuit filed in November by family members of the victims who say their negligence caused the death of Mariah McCarthy, 14, and severely injured her two friends. The families are seeking an unspecified amount of monetary damages from Petersen sand Barrett.

Petersen's lawyer, Paul Haffeman of Great Falls, filed an answer to that complaint Wednesday in Butte district court stating the lawsuit should be "dismissed with prejudice." Barrett's lawyer, Lyman Bennett III of Bozeman, hasn't filed an answer to the complaint.

The lawsuit contends Barrett is responsible for McCarthy's death and the injury to her two friends because he and Petersen purchased and consumed alcohol the evening before the incident. Barrett was over the age of 21 at the time and he knew Petersen was not 21, according to the complaint.

Petersen then drove drunk early on Oct. 28, 2007, and hit the three girls with his pickup truck as they were walking on Blacktail Lane in Butte, according to the lawsuit. Petersen left the scene without rendering aid to the injured girls, the lawsuit states.

Haffeman denies some of the allegations from the civil suit in his response, stating that the complainants won't be able to prove them. He added in his response to the lawsuit that Petersen left the scene without giving aid to the victims, because "he did not realize he had struck them." Petersen pleaded guilty in October to felony criminal charges. However, Newman rejected the binding plea agreement in Petersen's criminal case. Petersen has until Jan. 21 to decide if he will withdraw his guilty plea.

Petersen remains in jail pending that hearing.

— Reporter John Grant Emeigh may be reached via e-mail at john.emeigh@lee.net or by telephone, 496-5511