Second trial set in Neumann case

By Judy Wiff

HUDSON - Trial is set for Dec. 15 to determine damages due the survivors of a Hudson woman who died of a gunshot wound six years ago.

Jane Neumann, Hudson, died Nov. 22, 1993. On June 17, 1997, a jury found James Neumann liable for his wife's death. This second trial will determine what, if any, damages are due Jane Neumann's estate.

James Neumann's attorney is arguing that since there's no proof that Jane survived for any measurable time after she was fatally shot, there can be no claim for pain and suffering or for punitive damages.

Attorney Michael Waterman also contends that the court lost jurisdiction over the estate when the estate was officially closed. He says that because the estate is closed, there is no entity to pursue the lawsuit.

"The estate of Jane Neumann contends that it can collect damages, including punitive damages, for pain and suffering supposedly suffered by Jane Neumann at the hands of James Neumann," wrote Waterman in a document filed with the court. "Because there is no evidence that Jane Neumann survived the gunshot blast and because there is no evidence that Jane Neumann experienced conscious pain and suffering, the estate does not have a survival claim."

Mark Gherty, who represents the estate in this case, argues that Jane's mother, Patricia Johnston, was reappointed special administrator of the estate on April 14, 1999, because of the wrongful death claim. Gherty says this case was never dismissed.

He said his client is asking for damages for "intentional infliction of emotional distress suffered by Jane Neumann prior to her death."

"No one but James Neumann knows how long it took to put the gun into Jane Neumann's mouth and pull the trigger," wrote Gherty in his argument. "Consider the seconds between the time the trigger was pulled and the time the bullet was launched."

Gherty said he is using River Falls psychologist John Hamann as an expert witness "to prove the emotional distress suffered by Jane Neumann, including her fear of impending death as well as her concerns for her young son in the minutes before her death."