An undisclosed settlement has been reached between a Carson City family whose son was killed when he rode his ATV into an unmarked fence line and the fencing company ultimately liable on the state project, court records indicate.
Lester Paul Sr., and Lillian Paul sued the Nevada Department of Transportation, Tholl Fencing and Ames Construction after their 40-year-old son, Lester Paul Jr., was killed last year. Paul's body was found June 9, nearly beheaded on the back of his all-terrain-vehicle.
According to the investigation, Paul Jr., was riding his ATV at night in an empty drainage ditch alongside the newly finished Highway 395 off-ramp at Arrowhead Drive when he encountered an unmarked fence line of four wires. The top wire was situated about four feet from the ground and caught Paul under his chin. He was killed instantly.
In a criminal complaint filed last year, Paul's parents allege that the state and its contractors were negligent in planning, designing, approval, placement and building of the fence. They also claim the group was negligent in failing to warn the public of the fence's existence.
"After an exchange of information and documents . . . and in the interest of expediency and justice, the parties were able to come to a mutual resolution of the claim, the amount of which is confidential," said Paul family attorney Joseph S. Bradley of Bradley, Drendel and Jeanney Law Offices in Reno.
Because Tholl Fence accepted Ames' responsibility and Ames accepted the state's, there is no state money in the settlement, according to Deputy Attorney General Lou Holland.
• Contact reporter F.T. Norton at ftnorton@nevadaappeal.com or 881-1213.