CLEAR LAKE, Iowa — Attorney Chris Rogers of Habush Habush & Rottier secured a $5.2 million wrongful death settlement from the state of Iowa for the family of Mercedes Kohlhardt, a 21-year-old Wisconsin woman who was fatally struck by a runaway state-owned tractor at Clear Lake State Park in July 2020. This settlement is the largest compensatory settlement for a wrongful death case in the State of Iowa’s recent history.
On the day of the accident, Mercedes was sunbathing in the beach area of the state park while Iowa Department of Natural Resources employees worked nearby. According to the lawsuit, a worker parked a state-owned tractor on a hill without fully engaging the brake. The hill was located above the beach area where park visitors were gathered, causing the unattended vehicle to roll down the hill, fatally striking Mercedes.
Kohlhardt’s mother, Kacey, filed the lawsuit in February 2023, alleging multiple counts of negligence against the state. In March of 2023, the state responded to the suit, denying the majority of the negligence claims detailed in the complaint, including the basis that the DNR employee left the tractor in neutral and failed to activate the brake. State attorneys have since reversed their denial. After nearly two years of litigation and negotiations, a resolution was reached through mediation, just days before the trial was set to commence.
In a statement, Kacey expressed, “The conclusion of Mercedes’ case brings closure and some sense of justice, but nothing will bring her back. As a parent, nothing can prepare you for the call informing you that your child has passed away. Often, I find myself wondering, ‘Where would she be now? What would she be doing?’”
“Mercedes was an avid reader with a deep passion for social justice and environmental conservation,” Kacey stated. She aspired to pursue a career dedicated to protecting the environment. At the time of the accident, she was a junior at the University of Wisconsin-Eau Claire, studying Environmental Geography, with hopes of working for the National Park System upon graduation.
“Mercedes was my best friend. I raised her as a single mom. Even while she was away at college, we talked on the phone at least twice a day, usually about nothing in particular, but I miss those random calls throughout my day,” Kacey shared. “While I will never move past the loss of Mercedes, the resolution of this case will help me move forward in honoring her memory and living life the best I can, each day.”
Regarding her experience working with Attorney Chris Rogers and the team at Habush Habush & Rottier, Kacey stated, “Everyone was incredibly supportive in helping me navigate the legal process. They respected my wish to avoid prolonging the case due to the emotional toll it took. Chris listened to my needs as a client and passionately advocated for justice on Mercedes’ behalf.”
Attorney Chris Rogers shared, “It was a privilege to seek justice for Mercedes and represent the Kohlhardt family. Kasey is a remarkably strong and courageous mother. Considering all that they have already endured, the length of time it took to reach this settlement was disappointing. We were completely prepared for trial, as was Kasey. The settlement was approved on the day the trial was set to begin.”
In addition to the monetary settlement, the State of Iowa Department of Natural Resources has changed its training protocols for all employees working with and operating heavy machinery.
“While their corrective training actions came too late to prevent Mercedes’s tragedy, I am pleased that out of this, the State of Iowa DNR recognized the need to change their training protocols, to ensure greater accountability and responsibility of their employees. Hopefully this will create safter practices that will help prevent future tragedies at all of Iowa’s state parks moving forward. Now that the case has resolved in its entirety, my hope is that it provides at least a small semblance of closure for the Kohlhardts. They are a great family.”