Amended lawsuit filed in Ronan boys' deaths

A new version of the lawsuit filed earlier this month against the Ronan School District was filed last week in Lake County District Court, removing all references to the $4 million in damages originally sought and naming a different attorney for the plaintiffs.

The amended lawsuit was filed last Wednesday, Nov. 17, and is largely similar to the original suit, in which the parents of Justin Benoist and Frank Nicolai III are seeking compensation from the school district, claiming it was negligent and contributed to the deaths of the two boys last winter.

The two boys left Ronan Middle School early on Friday, Feb. 27, and were found dead in a field about one-half mile southeast of Ronan on Monday, March 1. Benoist's death was caused by hypothermia with alcohol toxicity listed as a contributing factor, while Nicolai died of severe alcohol toxicity, according to results from the state crime lab in Missoula.

Nicolai's blood alcohol content was .50 - enough to be considered fatal - while Benoist's was .20.

In the lawsuit, the boys' parents allege that school district personnel saw the boys leave school early and didn't do anything about it. The suit also says the district is negligent for not hiring more Native American teachers, who would be more sensitive to the problems of alcoholism in Tribal members.

Both boys were members of the Confederated Salish and Kootenai Tribe.

The amended suit says "Despite the fact that the school was put on actual notice that the youths were truant and may be in risk of doing something to endanger their lives, no positive action was taken by the school to search for, look and find these children, or report them to the authorities, or notify parents."

The suit says the boys were reported absent for the last period of school.

Perhaps the biggest change in the amended version is the deletion of the $4 million in punitive and compensatory damages the parents originally sought. Instead, the amended suit leaves any monetary awards up to a jury for wrongful death, pain and suffering and costs associated with the suit.

The amended suit also contains several errors filed in the original, including a reference to Pablo School District 30 instead of Ronan School District 30, and saying the boys were dropped off at Pablo School although both were students at Ronan Middle School.

At one point the suit confuses the boys' and their parents' names, saying it is filed on behalf of "Frank Benoist … on behalf of the heirs and estate of Frank Benoist, III," instead of Frank Nicolai and Frank Nicolai III.

The suit was originally filed by Great Falls attorney Patrick Flaherty, who began serving a 90-day suspension from practicing law on Nov. 10 due to an unrelated case. Great Falls attorney Melody Brown said Flaherty's suspension was the primary reason she has replaced him as the lead attorney in the case, but she declined to comment on other aspects of the case.

Meanwhile, Ronan Superintendent Andy Holmlund said the school district has yet to be served with the suit - either the original or the amended version. He said he won't comment until the district formally becomes a party in the lawsuit.