Hit-&-Run Victim's Family Sues Sensers
MINNEAPOLIS (WCCO) -- Former Vikings player Joe Senser and his wife are being sued for wrongful death in a fatal August hit-and-run crash.
Last week, an attorney for the Senser family revealed Amy Senser was driving the SUV in a hit-and-run that killed a 38-year-old man in Minneapolis.
On Tuesday, the family of Anousone Phanthavong, who was killed in the Aug. 23 incident, filed a wrongful death lawsuit. The suit seeks a payment of at least $50,000 from both the named defendants.
"This lawsuit will provide us a vehicle to obtain information that the Senser family refuses to disclose," said Phanthavong family attorney Jim Schwebel.
"Want to ask question why he flee scene and what happened that night. That's what family wants to know," said Vilayphone Phanthavong, Anousone's older sister.
Phanthavong was struck and killed while he was filling his car with gas on the off-ramp of the Cedar-Riverside exit of westbound Interstate 94.
"We are interested in learning why Amy Senser fled the scene, whether there was alcohol involved, whether she was alone in the vehicle, and why she was taking the Riverside exit," said Schwebel.
Last week, the Sensers' attorney said the Senser family turned the car over to the Minnesota State Patrol within 24 hours of the accident.
"So from the very beginning, by turning in that vehicle, they have demonstrated the integrity of the family by providing that information. They could have taken so many steps to conceal that vehicle, to hide it, to burn it, whatever they could have done, but again they did the right thing," said Senser's attorney, Eric Nelson of Halberg Criminal Defense in Bloomington.
The family disagrees.
"She didn't cooperate. That's not integrity. Nine days later, I don't think that's integrity," said Phanthavong.
"We're the ones that lost. They are scared to admit or be accountable for their own actions," added Kono Phanthavong, Anousone's brother.
Phanthavong lawyer Schwebel replied, "It is disturbing that the Senser family continues to frustrate Minnesota State Highway Patrol's investigation of this tragedy. This lawsuit will reveal the true facts, even without the cooperation of the Sensers."
The lawsuit claims that Amy Senser "demonstrated a deliberate disregard for the rights and safety of others," and that Joe Senser is "vicariously liable."
"The Sensers' have provided DNA samples, the Sensers' have provided photographs, cell phone information, credit card information, all to assist the State Patrol in their investigation," said Nelson. "Whether she was covering for someone else, whether alcohol was involved, it's very possible there is a very innocent explanation for all of this and right now the family should focus on the grieving for their relative."
As of yet, no one has been criminally charged in the case. The Sensers' attorney says charges could range from a minor traffic offense to criminal vehicular homicide for leaving the scene of a death accident.
The State Patrol currently does not have a timeline for when charges could be filed. The Sensers' attorney speculated charges could come Tuesday and said if so, Amy Senser would voluntarily surrender to authorities.
"I think she should pay for what she does," said Vilayphone.
The family said they also want justice to be served.
"Now, we want jail time. All we wanted from the beginning was to stop and help the person," said Kono.
However, Lt. Eric Roeske of the Minnesota State Patrol said they are taking their time and need to collect enough evidence for a conviction in court. Roeske said a one-sentence statement admitting Amy Senser was the driver is not enough.
The State Patrol is working to prove Amy Senser was behind the wheel, whether she knew that she hit someone and what she was doing in that area.
Roeske said they want the public to know they are not giving the Sensers leniency because of their status or name. This sort of evidence collection just takes "weeks to complete," he said.
To date, no witnesses have come forward in this case. The State Patrol is continuing to ask for the public's help -- anyone who may have information regarding this case is asked to contact police.
