City of Marshalltown crews created a ramp of ice that eventually caused the death of a Clutier woman when her car went over the side of the Third Avenue viaduct.
That was the message Gail Boliver, a local attorney for the estate of the deceased woman, Debra Mundt, gave jurors in his opening statements Tuesday. The accident took place Feb. 3, 2008.
Mundt's family is suing the city of Marshalltown, alleging the city created a dangerous condition and contributed to the death.
"The city of Marshalltown had decided the way they would do snow and ice removal would be to plow the lanes and pitch snow and ice up against the side rail," Boliver said. "They did that day after day after day."
Eventually, the snow and ice hardened into a wedge, and when Mundt lost control over her car on Superbowl Sunday, it slid up the ice wedge and over the railing, Boliver said. She fell inside her car approximately 20 feet to her death.
"The city created a ramp," Boliver charged.
Attorney Mark Thomas, who is defending the city, had a different take on the issue. He noted Mundt was apparently trying to pass a slow-moving or stopped vehicle and had recently been on her cell phone.
"The accident, in this case, was due to the unfortunate failure to maintain control on the part of Mrs. Mundt," Thomas said in his opening statement.
He argued that during the life of the bridge so far, it is estimated that as many as 100 million vehicles have traveled over it.
Given that amount, and this incident being the first fatality, Thomas insinuated it could hardly be argued that the city had created a dangerous situation.
Further, Thomas noted there was no reason for any vehicle to be on the portion of the road where the ice had built up.
"This particular area was off the traveled portion of the roadway," he said. "It was not to be driven on."
Boliver said he will be asking the jury to consider the damages done to the Mundt family, including looking at lost wages, as well as the loss of her service to family members. He did not ask for a certain monetary amount to be awarded during his opening statements.
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Contact Ken Black at 641-753-6611 or kblack@timesrepublican.com