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February 17, 2009

Crash with marshal prompts lawsuit

Press staff reports

TAHLEQUAH DAILY PRESS — A vehicle crash with a Cherokee Nation Marshal Service vehicle has prompted a local man to sue the tribe.

Tommie Leon Harper filed suit last week in Cherokee County District Court against Cherokee Nation for a Feb. 21, 2007, crash with CN Marshal Frankie Dreadfulwater.

Harper, a Park Hill resident, alleges Dreadfulwater negligently operated his CNMS vehicle and caused it to strike Harper’s vehicle.

Harper claims he has suffered “serious personal injuries” and has been prevented from transacting his business. He has suffered pain and has incurred medical expenses, both of which will continue into the future.

Harper is seeking damages in excess of $10,000, along with attorney fees, court costs and other relief. He is represented by Stilwell attorney Barrett Harris.

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The use of cell phones while driving is increasingly becoming an issue. What do you think about cell phone use by emergency personnel, like law enforcement officers, EMTs, firemen, etc.?

• If the law allows the common citizen to use cell phones while driving, emergency personnel should be able to also.
• Emergency personnel should be held to a higher standard. Since they are often driving faster than normal, they should not be allowed to use cell phones while driving, even if other citizens can.
• They should be allowed to use them like anyone else, but their host entities (hospitals, fire departments, cities, etc.) should carry extra insurance for this reason.
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