$4.6 million awarded to parents of Absarokee man killed by DUI driver

The parents of an Absarokee man killed in 2013 when he was hit by who authorities say was an intoxicated driver have been awarded $4.6 million in a civil suit against the bar that allegedly served the underaged driver alcohol.
But it’s not about the money, said Greg and Cynthia Dana’s attorney, John Heenan. It is about public safety and sparing another family from having to endure the loss of a child from underage drinking, said Heenan, speaking for the Danas Tuesday afternoon.
Of the total amount awarded, $2.3 million was for “economic loss” and $2.3 million for their “non-economic loss” of their then 27-year-old son Forest Dana, according to an order signed by 22nd Judicial District Judge Blair Jones on Aug. 19.
Heenan said that although his clients were awarded the judgement, “no one is expecting to get that money.”
The defendants in the case were Hanson’s 5 Spot, Inc.,William J. Hanson and John Does 1 and II – none of whom appeared to contest the Danas’ requested damages. Jones wrote the following in his ruling:
“Defendants are jointly and severally liable for the wrongful death of Forest Dana. Defendants’ conduct in serving alcohol to Michael Holtz and other minors without checking identification was willful and malicious as defined by Montana law.”
Jones also ruled that the Danas were entitled to punitive damages in the case due to the defendants’ “intentional and malicious conduct” but because the defendants chose not to participate in the proceedings “any award is likely symbolic” and because no information has been made available about their net worth, Jones was unable to assess the proper punitive damage award, according to the ruling.

CRIMINAL CASE
Holtz, 24, was charged with the negligent homicide of Dana in the early morning hours of July 28, 2013. Dana was found by family members in the alley directly behind their home.
A medical examiner determined that he was killed when his spinal cord was severed as the result of being run over by a vehicle, according to court documents.
Holtz was also charged with one count of tampering or fabricating physical evidence by allegedly crashing his car to cause additional damage. Investigators and prosecutors contended that Dana’s DNA was found on Holtz’s car.
In February 2016 prosecutors dismissed charges against Holtz based on a lack of witnesses who could positively identify the him.
The charges were dismissed without prejudice, meaning they can be refiled.