Published April 19, 2006

The mother of Charles Meyer, who was 14 when he drove a car into the ledges along Willoughby Lake, killing two young companions, is asking a federal court to declare that she and her son are not liable for the deaths.

Alternatively, Julie Jensen asks for a ruling that their liability is offset by that of the two dead youths, Norman Woolard and Philip Leno.

They were 16 and 17 years old, respectively, when they died on August 24, 2004.

Ms. Jensen’s complaint, which seems designed to preempt lawsuits from the victims’ families, took their lawyers by surprise.

If she gets the judgment she seeks in her complaint, filed in U.S. District Court in Burlington in February, the families would be blocked from filing civil suits for damages in the state courts.

But Duncan Kilmartin, who represents the Leno family, said Tuesday that “she has as much chance of prevailing as a snowball in hell lasts for 20 minutes.”

In his 37 years as a litigator, Mr. Kilmartin added, “I’ve never heard of a suit like this, seeking a declaratory judgment that ‘I’m not liable.’”

In seeking the federal judgment, Ms. Jensen argues that she and her son have suffered unfairly negative publicity and have been confronted with demands for money by lawyers for the families of the two victims.

She also offers a version of events that has not appeared in earlier accounts of the fatal accident.

According to the complaint, Ms. Jensen owned the high-performance 1994 Toyota Supra, and “allowed Woolard, then age 16, to drive the vehicle on August 24.”

“Without the knowledge or consent of Jensen,” the complaint continues, “Woolard allowed Meyer, then age 14, to drive the vehicle on August 24.”

The complaint acknowledges that Mr. Meyer was driving when the accident happened, but notes that neither Mr. Woolard nor Mr. Leno were wearing seat belts.

“Since the accident,” says the complaint filed by Burlington attorney Marc Heath, “numerous articles and letters to the editor have been printed in various newspapers in Orleans County and Caledonia County.  These articles and letters have included a variety of information concerning the events underlying this case, including (a) embellished accounts of the accident, (b) stories on the impact of the accident on the families of Woolard and Leno, and (c) public outrage at Meyer and Jensen.”

The complaint continues:  “Both the Woolard Estate and the Leno Estate claim that both Jensen and Meyer are liable for the deaths of Woolard and Leno and, through counsel, have made demands for substantial monetary compensation, but have not filed a lawsuit.”

Because she filed the complaint, Ms. Jensen and her son are the “plaintiffs” in what follows, while the Leno and Woolard families are the “defendants.”

“The claims made by Defendants,” the complaint says, “coupled with the ongoing negative public sentiment towards the Plaintiffs, has caused and continues to cause harm to Plaintiffs, who now seek a fair and swift resolution of this matter in an impartial forum.

“A declaratory judgment from the Court will serve a useful purpose in clarifying and settling the legal relations at issue in this action, and will terminate and afford relief from the uncertainty, insecurity, and controversy giving rise to this action.”

The Woolard family is represented by Vince Illuzzi of Derby, a state senator.  Like Mr. Kilmartin, who is a state representative, Mr. Illuzzi has asked the court for more time to file his response to the complaint.

“We’re both in the Legislature,” Mr. Illuzzi explained, “and I’ve got a little more investigative work to get done.”

Like Mr. Kilmartin, Mr. Illuzzi was surprised by the complaint.

“I’ve never seen anything like it,” he said Tuesday.

“It’s very disappointing to not only lose your children, but to then be sued by the offender and his mother, without any attempt to settle the case without court action.”

Mr. Heath, who filed the complaint for Ms. Jensen, is on vacation and could not be reached for comment.

Mr. Illuzzi said he had been contacted by another attorney who represents the company that insured the Toyota Supra.

“He sent us a request for information, so this came as somewhat of a surprise,” Mr. Illuzzi said of Ms. Jensen’s complaint.

“We hoped there was a chance of resolving this issue before it went to court.  I guess that opportunity is now foreclosed.”

According to the complaint, Ms. Jensen and her son are now legal residents of Irving, Texas.  The “complete diversity of citizenship between Plaintiffs and Defendants,” the complaint argues, gives the federal court original jurisdiction in the case.

Because they don’t live in Vermont, Mr. Illuzzi said, “They have the right to have the case heard in the U.S. District Court, and taken away from the state courts.”

“We’re going to file a counterclaim, obviously,” he added.

The accident and its aftermath have generated a sense of tragic irony in the community.

Charles Meyer was originally charged as an adult with two counts of manslaughter.  But in September 2005 the charges were amended to grossly negligent operation with death resulting, and the case was moved to juvenile court, where proceedings are secret.

“I’m just sorry for what I did,” Mr. Meyer said in his last public appearance in court.  “The accident was my fault.”

For Ms. Jensen, the “public outrage” occasioned by the accident followed a long career as a public benefactor.  Her harshest critics blame her for making a high-powered car available to a 14-year-old boy.

A woman of considerable means, she headed the Chasdrew Fund, whose purpose is “to help young people become productive and successful adults.”

For years, the fund quietly made modest cash grants to many small civic organizations across the Northeast Kingdom.  Among the beneficiaries listed in its tax returns are many public libraries, schools, the Clan of the Hawk, a 4-H club, town revitalization projects, and at least one safe driving program.

Ms. Jensen had a seasonal home in Brownington which, in early 2005, was donated to Have Justice — Will Travel, a group that supports victims of domestic violence.