An Orrick teenager awaiting trial for vehicular assault is seeking the dismissal of a civil suit that was filed by the victim.
Cody Kolosick, 17, is awaiting trial for vehicular assault after he allegedly hit Todd Dickens, who was in a wheel chair and crossing the street after one of his kid’s baseball games in June. Dickens passed away in September but had filed a lawsuit against Kolosick before his passing.
Kolosick’s attorneys argue in court records that an “estate” cannot bring suit according to Missouri statute 537.080. The law says that a child or spouse can bring a suit.
Tricia Wartenbee is the mother of one of Dicken’s children, not legally married to Dickens, however the couple had lived together for several years. Wartenbee is listed as next of kin to Dickens’ other minor aged child.
The lawsuit is seeking $25,000 in actual damages in addition to punitive damages.
Kolosick’s attorneys argue that punitive damages would violate their client’s fifth and fourteenth amendments and Missouri constitutional amendments.
Kolosick’s criminal trial is in limbo at this point with the next court appearance scheduled for Dec. 23. Prosecutors may up the charges from vehicular assault to vehicular manslaughter since it is alleged that Dickens passed because of the injuries he sustained in the alleged accident. Prosecutors are waiting for reports from the doctors who cared for Dickens.