Couple sues Kalispell for injuries suffered from officer-involved shooting in 2021

A Flathead Valley couple is suing the city of Kalispell, seeking compensation for injuries suffered during an officer-involved shooting at a gas station in 2021.  

Kalispell Police officer Brady Gray shot and killed Isaiah Strong, 41, after he allegedly assaulted her with a wooden club on Feb. 26, 2021. Gray fired multiple shots, one of which hit an uninvolved woman, Carla Yogerst, while she was paying for groceries with her spouse, according to the complaint filed in Flathead County District Court.   

Carla and John Yogerst filed a suit against the city earlier this year, requesting financial relief for all related medical and legal expenses as well as past and future wage loss, according to the lawsuit. Judge Danni Coffman is presiding over the case. 

 Whitefish-based attorney Caleb Simpson, who specializes in personal injury and criminal defense, is representing the Yogersts.  

The lawsuit argued that Carla Yogerst “sustained significant and/or permanent injuries” and that both Carla and John Yogerst “sustained emotional, psychological and mental anguish or suffering” that interrupted their established way of life.  

Reports of a red Mazda SUV ramming multiple vehicles about 10 p.m., Feb. 26 precipitated the deadly encounter between officers and Strong. Officers found the car, by then unoccupied, at a Town Pump gas station off U.S. 93 in South Kalispell.  

Gray was among the officers entering the gas station and was allegedly assaulted by Strong as he left the restroom. Armed with a wooden club, Strong allegedly struck Gray in the upper body and head before she opened fire. The exchange left Strong dead and Yogerst with a bullet to the lower right leg, which fractured two bones, according to the complaint.  

Carla and John Yogerst argued in the complaint that officers failed to make them aware of an ongoing criminal investigation or that a dangerous individual was in the store with them. 

The suit accuses the city of multiple counts of negligence, arguing officers failed to fulfill their duty to protect innocent members of the public during their interaction with a potentially violent criminal suspect.  

The suit initially included Town Pump, but the corporation was later dismissed from the case.  

The suit also seeks damages on behalf of John Yogerst because he “is unable to share activities and experiences with Carla [Yogerst], as result of her injuries and damage sustained ... which they previously shared or anticipated sharing,” the complaint reads. 

The city has denied responsibility, arguing the Yogersts failed “to state a claim upon which relief may be granted” and cited a Montana law entitling officers to immunity for actions taken within the scope of their duties. 

“Defendants deny any allegation that the Kalispell Police Department officers knew or should have provided the alleged notification or warning to customers,” read the response, drafted by the Kalispell law firm of Hammer, Quinn and Shaw on behalf of the city.  

The attorneys argued in their list of possible affirmative defenses that the Yogersts’ injuries were caused in part because of Strong and not the officers or city.  

 The city is asking that the court find in its favor and award compensation for defending against the claim. 

Simpson did not immediately respond for comment. City Attorney Johnna Preble said the city would not comment on ongoing litigation. 

A pretrial conference in the hearing is scheduled for Sept. 22, 2025. 

Jack Underhill can be reached at junderhill@dailyinterlake.com and 406-758-4407.