Utah Law Talk

Eric W. Porter from Salt Lake City, Utah was arrested after allegedly killing a man with his vehicle following a fight at a party in Eagle Mountain, Utah on Saturday, November 21, 2009. 26-year-old, Eric Porter began arguing with 29-year-old, Brett L. Ostler of Magna, Utah, in a house located at Kiowa Parkway and Golden Eagle road. According to the Salt Lake Tribune, the argument intensified as Porter left the house and got into his SUV to leave the party. Ostler followed Porter into Porter’s car to continue the argument. Porter attempted to leave because he didn’t want the problem to escalate. Ostler got out of the car and slammed the door which angered Porter. He said something to Ostler, who opened the door, got back in Porter’s SUV, and punched him in the face.

Porter then backed up the SUV to leave but as he hit the gas, he felt the car hit Ostler.. Ostler suffered “significant trauma” to his head and upper body. Emergency crews came pronounced him dead at the scene.

Porter called 911 and admitted to hitting Otler. According to Utah County Sheriff’s Sgt. Spencer Cannon, “He was very forthcoming with us. We don’t believe he intended to do this.” Porter was arrested on suspicion of negligent homicide which is a class A misdemeanor.

We offer our sincerest condolences to Brett Ostler’s family as they deal with this tragic situation.

Whether Porter’s actions were intentional or not, his friend is still dead. Based on the news reports, it appears that Brett Ostler’s family has wrongful death claim against Mr. Porter. I would suggest that his family get in touch with a Utah lawyer that handles wrongful death claims. I would also recommend that his family accept the Utah County Sheriff’s finding that the death was accidental. If the insurance companies (for Mr. Porter as well as Brett Ostler) could successfully argue that the run-over was intentional, this will most likely trigger an exclusion in most insurance clauses that will free them from having to pay out any money on this claim.

The truth is, the only one who really knows if it was intentional or not is Mr. Ostler. And from the news reports, he is telling the authorities that it was not. I would recommend that the family take his word for it and start the process of making a claim on this terrible accident.

The Kramer Law Group does not currently represent any of the parties referenced in the blog article above. We have cited and linked to the source of our information. If you were involved in the above incident, or one like it, and have questions about your rights and possible remedies, you may call us or another reputable Utah personal injury law firm. The information and opinions expressed above are provided as a public service and should not be used in place of legal advice from a qualified personal injury lawyer. Most skilled and qualified Utah lawyers offer a free consultation. We will likewise provide a free consultation to not-at-fault persons (and their family members) mentioned in this article.

This entry was posted on Monday, November 23rd, 2009 at 5:41 pm and is filed under Wrongful Death. You can follow any responses to this entry through the RSS 2.0 feed. You can leave a response, or trackback from your own site.