Wrongful death lawsuit filed in fatal drunken driving crash in Superior Township
The wife of a man investigators say was killed by a drunken driver on Halloween morning in Superior Township has filed a wrongful death lawsuit.
Marcia DiNatale, who is representing the estate of her husband Donald DiNatale, is suing 54-year-old Robert Walter Bennett of Novi, who is awaiting trial on charges including operating while intoxicated causing death.
She also is suing the Blue Angels Motorcycle Club of Michigan, alleging the club in Jackson served Bennett while he was "visibly intoxicated" prior to the crash. Also named as a defendant is Akin & Akin Insurance in Howell, which the suit alleges failed to accurately represent the insurance coverage it sold to the family that covered Donald DiNatale's Ford Focus.
The suit was filed Tuesday in Washtenaw County Court and seeks an unspecified amount of money.
Washtenaw County sheriff's deputies say Bennett’s blood-alcohol level was 0.19 — more than twice the legal limit — when his pickup truck slammed into the back of DiNatale's Ford Focus on Ford Road, killing DiNatale. In Michigan, it's illegal to drive with a blood-alcohol level of .08 or higher.
DiNatale, 57, of South Lyon was stopped at a red light at the intersection of Ford and Plymouth roads when the collision occurred, deputies said. Investigators say that Bennett was traveling at an estimated 70 to 80 miles per hour after exiting M-14 at about 6:30 a.m. and did not slow prior to impact.
The suit alleges Bennett was negligent and reckless by driving under the influence, failing to maintain control of his vehicle and failing to operate at a reasonable speed. It seeks compensation for mental anguish, funeral expenses and for the loss of enjoyment in life activities.
Officials at the motorcycle club and insurance company could not be reached for comment today.
Bennett is scheduled to return to court in his criminal case for a pretrial hearing on March 28 in front of Washtenaw County Circuit Judge Melinda Morris.
Lee Higgins covers crime and courts for AnnArbor.com. He can be reached by phone at (734) 623-2527 and email at leehiggins@annarbor.com.
Comments
Ken Boyd
Thu, May 19, 2011 : 6:30 p.m.
I hope she ends up with some restitution. I am afraid that usually the only people that end up with anything are the legal representatives.
RJA
Thu, Mar 17, 2011 : 10:27 p.m.
MADD!!!!
Ken Boyd
Thu, May 19, 2011 : 6:27 p.m.
you mean insane?
zip the cat
Thu, Mar 17, 2011 : 5:14 p.m.
@janejane The crimes keep happening in this county because the judges let all the felons off easy. Killing someone driving drunk should get you locked up for eons. Not in this county. its almost a given,PROBATION
Ken Boyd
Thu, May 19, 2011 : 6:13 p.m.
Zip, no probation,but he did get 4 years and 9 months. Is that enough?
zip the cat
Thu, Mar 17, 2011 : 5:09 p.m.
I think this is the guy who got out on a no nothing bond, and with the track record of the courts in this county. He'll get a no nothing slap on the wrist sentence. Like all the others before him who kill people driving drunk and get off almost scott free in washtenaw cty. courts Good luck getting any amount of money sueing him in this county.
Ken Boyd
Thu, May 19, 2011 : 6:25 p.m.
Zip, Mr.Bennett is a GM retiree with a line workers pension. He lives in a single wide trailer in a Novi trailer park. He has COPD to the extent that he is hospitalized upwards of two months per year. I hope the family can get some kind of restitution, but Mr. Bennett has virtually nothing. If he dies in jail, then the family will get zip,no pun intended. The victim's best bet is to lobby the court to get Mr. Bennett out of jail sooner versus later so that his life can be more easily prolonged,therefore extending the income stream that would be the source of restitution. I know this seems horrible, but it is the best hope for the family.
janejane
Thu, Mar 17, 2011 : 4:49 p.m.
How did Bennett drive from Jackson all the way to Ford Rd without being stopped? He was exceeding the speed limit and probably driving erratically . Where were all the state troopers? Mrs. DiNatale has evoked the Dram Shop Law...hope it works. And to top off this horrendous situation...Mr. DiNatale's insurance company has created problems, too? I have followed this story from the beginning...aghast at the crime and the loss of a wonderful family man and the terrible loss the family is facing. How can these crimes keep happpening? What will the "stiffer penalty" be for this drunk driving murder? I am at a loss to really be able to express my sadness and outrage at this senseless, selfish and incomprehensible crime.
Kelly Davenport
Thu, Mar 17, 2011 : 3:05 p.m.
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