Jury denies damages over man's injuries

The brother of a man who lost his left arm and leg and later died after spending hours stuck in a frozen trench is not entitled to financial damages, a Flathead District Court jury decided Friday.

Mike Bell of California was asking for at least $3.4 million from the owners of the White Birch Motel and RV Park in Evergreen.

His brother, Jason Bell, was discovered hypothermic, unconscious and clinging to life at the property on New Year’s Day 2008.

The lawsuit accused motel owners Larry and Carrie Cummings of creating a dangerous environment by digging a trench that was not properly marked. According to court documents, Larry Cummings was attempting find a leak in a septic system and had left a hole in the septic tank uncovered.

Bell’s foot apparently became lodged in the hole, and he is believed to have spent hours on the snow-covered ground in subzero temperatures before being rescued by emergency responders.

He died in Libby in March from a possible drug overdose, though a coroner has listed the cause of death as “undetermined.”

A jury of 12 deliberated for about three hours before delivering its verdict Friday afternoon. The trial lasted for almost four days.

The jury determined that while Cummings’ trench was the reason for Jason Bell’s injuries, it was not the ultimate cause of his death.

It also found that if fault were to be determined on a percentage basis, the Cummings would be 40 percent responsible and Jason Bell 60 percent.

The verdict came after hours of testimony from witnesses ranging from doctors, a coroner and a safety specialist to Mike Bell, Cummings and a video deposition from Jason Bell recorded before his death.

The focus of the proceedings was whether or not Jason Bell’s alleged drug use contributed to his becoming stuck in the trench or extricating himself.

Toxicology tests conducted at the Kalispell Regional Medical Center determined Jason Bell had methamphetamine and PCP in his blood. No quantity was determined, and he later denied taking PCP.

During closing arguments, defense attorney Paul Sandry rehashed testimony that alleged Jason Bell’s drug use was the leading cause of his injuries and death.

He said Jason Bell knew that he was “absolutely loaded on drugs” and was shifting blame. Sandry guessed that Jason Bell had fallen asleep in the trench or simply was not coherent enough to call for help.

“With 50 or 60 people within earshot of where Jason was, if he was yelling, someone would have come to his aid,” Sandry said.

Mike Bell’s attorney, Garry Seaman, argued it was foreseeable that someone would be intoxicated on the motel property and that precautions should have been taken. He also claimed it was the amputations and subsequent pain that ultimately caused Jason Bell’s death.

He maintained, though, that there is no proof Jason Bell was intoxicated.

Sandry said he was pleased with the jury’s decision, but declined to make further comments as he left the courtroom.

Reporter Eric Schwartz may be reached at 758-4441 or by e-mail at eschwartz@dailyinterlake.com.