The following article was posted on www.livinglakecountry.com
Judge orders freeze of ex-doctor's assets
A judge on Friday ordered a temporary injunction to prevent Mark M. Benson, charged in the April 25 fatal crash that took the life of a woman, her unborn child and daughter, from selling any of his assets.
Posted: June 10, 2008
Waukesha - A judge on Friday ordered a temporary injunction to prevent Mark M. Benson, charged in the April 25 fatal crash that took the life of a woman, her unborn child and daughter, from selling any of his assets.
Waukesha County Circuit Court Judge Kathryn Foster ordered the injunction in part because of a statement Benson, a former physician, made on the phone to his wife shortly after the crash on Highway 67 in the City of Oconomowoc. That conversation was heard by a police officer, Foster noted.
Foster made the ruling, which will freeze the assets of Benson during a civil lawsuit filed by the family of Jennifer Bukosky. The family filed a wrongful death lawsuit last month. The suit does not specify damage amounts.
Bukosky, 39, of Town of Oconomowoc, her unborn child, Sophia, and daughter Courtney, 10, were killed when Benson's sport utility vehicle rear-ended Bukosky's Honda Accord. Bukosky's son, Zachary, 12,was injured as well as another passenger, Deborah Gibbs, 10, who suffered serious injuries, according to the lawsuit.
Foster cited Benson's comment that he made to his wife that he "would sign over all his property to them and sell his guns and it was not going to be worth it and he would get a public defender."
"At best it was a giving-up statement," Foster said. "This statement alone is an indication of intent."
Benson is charged with three counts of homicide by intoxicated use of a vehicle, two counts of causing injury while drunken driving, and driving with a revoked license.
Foster ruled there was a need to preserve the status quo as there was a "reasonable chance of success" for the lawsuit and the plaintiffs could suffer if the injunction were not granted. Foster noted the lawsuit case was straightforward as Benson admitted to police he was driving the SUV, saw the Honda, braked and then "clobbered" the rear of the car.
Robert Jaskulski, representing the Bukosky family, argued there would be "significant, significant damages" and because of Benson's comments an injunction to freeze the assets was necessary. Jaskulski said he had received an anonymous tip that Benson had a "fairly extensive" gun collection. Jaskulski said he asked Benson's attorney about the guns as Benson specifically mentioned the collection but has not learned whether the guns have been sold or what is in the collection.
Attorney Thomas Devine, representing Benson and his insurance carrier, Progressive Classic Insurance Co., said he had been in trial all week and had not had a chance to look into the matter with the gun.
The reference to the guns was a "cause of concern," Foster said during her remarks.
Devine argued against the injunction as Benson needed his assets for his defense in both the criminal and civil cases as well as to continue to provide for his family and pay his bills. An injunction would "restrict the right of the defendant over his own property," Devine said.
Benson, he said, is a "well-insured individual" who has insurance of about $3.5 million.
"We will exceed $3.5 million," Jaskulski said.
Benson is scheduled to appear in court July 14 for an arraignment regarding the criminal charges. The next court date regarding the civil matter has not been set.
