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Sept. 9, 1999 By David Grant Long A woman who attempted to drive herself home in the company truck of a new acquaintance, but had an alcohol-related accident instead, was ordered to pay more than $2,000 restitution to the man Tuesday in Montezuma County Court, but was not required to reimburse the company’s insurance carrier for the $10,000 repair bill. Shannan Rutledge, who had earlier pleaded guilty to DUI in return for a one-year deferred judgment and sentencing, was found liable during a restitution hearing for various expenses incurred by Jeff Crownover related to the rollover accident, which occurred on Highway 666 near County Road Y early on June 14. Deputy District Attorney Pam Mucklow had maintained that Reliable Insurance, which carried the a policy on a 1999 Ford pickup owned by Colorado Structures, Inc., was also a victim in the case because the damage was inflicted during the commission of a crime –drunk driving –and therefore should not be required to pay. However, Montezuma County Judge Chris Leroi said this line of reasoning was "nonsensical," since the whole purpose of auto insurance is to cover such incidents as careless driving, also a crime, when damage to vehicles is very likely to occur. Mucklow also argued that Rutledge had taken the truck without Crownover’s permission, which would have excluded the insurer from liability, but the defendant disputed this allegation in court. Rutledge testified that she’d gone with Crownover to a Dolores bar and accepted his offer of a what was supposed to be a ride home to Cortez; instead, she recounted, Crownover transported her on the back of his motorcycle to his residence in rural Dolores, where he proceeded to drink some more and soon became too inebriated to drive. "His intent was that I spend the night," said Rutledge, explaining that she did not want to, however, and asked to borrow Crownover’s truck and drive herself home instead. "He got very intoxicated and I asked if I could take the truck," she testified. "He said ‘Yes’ and told me where the keys were." Rutledge said that she’d left Crownover a note with her phone number informing him she’d also taken his dog because it was "starving." Neither she nor the dog were injured during the rollover. But Crownover told a different story to Colorado State Trooper Chris Cutrone the day after the accident, according to Cutrone’s report, maintaining Rutledge had in fact agreed to spend the night and that he didn’t know she had taken the truck until he found the note the next morning. He did not testify at the hearing, however. Rutledge disputed this version of events vigorously, explaining that it wasn’t until after Crownover learned of the wreck that he claimed she had taken the vehicle without permission. When Crownover called that morning and she told him about the crash, she said, "He said he would be in big trouble and we needed to come up with some alibi about what happened." Rutledge’s roommate also testified that Crownover made no indication that the truck had been taken without permission when she answered the phone because Rutledge was still asleep. Kelly McCabe, Rutledge’s attorney, argued that Reliable wouldn’t have paid the claim if it believed she had been an unauthorized driver and not entitled to any restitution. ÔThe reason (Reliable) hasn’t submitted a formal claim is that they recognize they have no case against Shannan," he said. Moreover, he added, the insurer should also be representing Rutledge at the hearing, since the policy covered her as well. "If the use was consensual, she becomes insured under any policy," he said. "It would be nonsensical to enter an order requiring Ms. Rutledge to pay when she has insurance." Leroi concurred. "I don’t think the insurance company would have forked over nearly $10,000 without determining she was covered," he said. He did, however, require that Rutledge pay Crownover’s expenses for the insurance deductible, the tow bill and the cost of renting another vehicle for nearly a month. |
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