Menomonie (WQOW) - A man who was run over by a squad car while lying in the road is now suing the Menomonie Police Department and the city.
Lawyers for Brett Schulte filed the lawsuit in Dunn County Court. Schulte, from Ellsworth, was injured last October during UW Stout's homecoming.
Investigators said he was drunk, lying in the road, on a dark and rainy night, when a police officer swerved to avoid him, but ran over the lower part of his body.
The lawsuit claims the officer, police department and the city are negligent.
The suit doesn't say how much money is being sought, but Schulte did file a $500,000 claim last year, which was rejected by the city council.
Menomonie (WQOW) - The Menomonie City Council denied a claim Monday night from an Ellsworth man who was run over by a squad car while lying in the road.
Brett Schulte was seeking $500,000 from the city and police department as compensation for pain and suffering, medical expenses and loss of wages and earning capacity.
Menomonie (WQOW) - A man who was run over by a Menomonie Police Department squad car while lying in the road, is now seeking a half million dollars from the police department and the city.
The city's lawyer tells News 18 the city council denied Brett Schulte's claim at Monday's council meeting. Schulte was seeking compensation for pain and suffering, loss of wages and earning capacity and medical expenses.
It was last October during UW-Stout's homecoming weekend that a Menomonie officer saw Schulte laying in the road. He swerved but was unable to avoid running over the lower part of his body. An investigation showed Schulte was intoxicated. It was also dark and raining at the time.
Earlier this month, Schulte pleaded no contest to underage drinking and having a fake ID. He was fined $513, and a ticket for standing in the road was dismissed.
Posted: November 22, 2017
UPDATE (WQOW) - News 18 has learned charges will be filed against the man who was hit by a Menomonie squad car while lying on the road.
The incident happened during UW-Stout's homecoming.
Police said 20-year-old Brett Schulte of Ellsworth had a blood alcohol level of 0.195 when he was hit by a Menomonie police sergeant.
Following an investigation by the Dunn County Sheriff's Office, they are recommending charges of underage drinking, standing in a roadway, and having a fake ID.
November 2, 2017
Menomonie (WQOW) -- The Dunn County Sheriff's Department show the pedestrian that was hit by a Menomonie squad car in October, had a blood alcohol level more than two times the legal limit to drive.
Dunn County Sheriff Dennis Smith said in a release 20 year old Brett Schulte, from Ellsworth, had a BAC of .195.
Smith said that dash cam video showed Schulte laying across the road at Wilson Avenue and 2nd Street West when he was hit by a squad car driving by Menomonie Police Sergeant Jason Barneson. The video also showed that Sgt. Barneson attempted to miss Schulte.
Sheriff Smith told News 18 that his department continues to investigate the incident with help from the Wisconsin State Patrol. They plan to issue an update by Monday on whether charges will be recommended in the case.
Posted: October 17, 2017:
UPDATE (WQOW) - The Dunn County Sheriff's Department has released the names of both the officer and pedestrian he hit with his squad car on Wilson Ave. in Menomonie Sunday morning
The officer is 39-year-old Sergeant Jason Barneson. He is an 18-year veteran of the Menomonie Police Department.
The pedestrian is 20-year-old Brett Schulte from Ellsworth. The investigation shows Schulte had been drinking prior to the incident. Blood tests were sent to the Wisconsin State Lab of Hygiene to confirm the presence of alcohol.
Sheriff Smith said Sergeant Barneson is on administrative leave pending the investigation into the incident.
Posted October 16, 2017:
Menomonie (WQOW) - New details are being released after a man was hit by a Menomonie police squad car early Sunday morning.
Dunn County Sheriff Dennis Smith told News 18 he believed the man who was hit was in town for homecoming, and alcohol was a factor on his part.
As we've previously reported, the incident happened on Wilson Avenue, near 2nd St. West around 1 a.m. Sunday. Authorities said the officer saw a person lying on the road and tried to swerve, but still struck him.
Sheriff Smith said other factors contributed to the incident. He said the man, who was under 21, was lying in a darkened part of the road, in between street lamps. It was also raining, and the squad car had its wipers going, all limiting the officer's visibility.
The sheriff didn't detail the man's injuries, but did tell us the officer hit the lower part of his body, and if he hadn't swerved, it could have been much worse. He added the patient was scheduled to have surgery in Rochester Monday.
Sheriff Smith said the Menomonie police officer is on administrative leave pending the investigation into the incident. He plans to release the officer's name, as well as the name of the man hurt, later this week.
Posted October 15, 2017:
Menomonie (WQOW) -- According to the Dunn County Sheriff's Office, one person was taken to the hospital early Sunday morning after they were unintentionally struck by a Menomonie Police Department squad car.
Officials said the sheriff's office, along with the Menomonie Fire Department, was called just after 1:00 a.m. to investigate an accident on Wilson Avenue west of 2nd Street West. They were advised the accident "involved a pedestrian being struck by a Menomonie Police Department squad car."
Once on the scene, authorities learned the driver of the squad saw a person laying in the road. They said the driver tried to swerve, but was not able to completely avoid hitting the person.
The pedestrian was taken to Mayo Menomonie for treatment, but later transported to Mayo Eau Claire. They were eventually taken to St. Mary's Hospital in Rochester, MN.
No word on how badly the person was injured, or their current condition.
The Dunn County Sheriff's Office said the accident is still under investigation and no further information is available at this time. The Wisconsin State Patrol is assisting in the investigation.
**This is a developing story. Stay with News 18 for the latest information.**