Cliggett, 74, was censured by state attorney disciplinary authorities in April following the conviction. His law license is inactive while he serves probation, according to the disciplinary opinion.
Hoffman’s widow alleged that Cliggett knew cyclists often biked along the shoulder of Highway 135 but failed to move his car out of the shoulder, honk his horn or touch his brakes.
At the hearing Wednesday, Luke J. Volker of Dagner Schluter Werber LLC, a lawyer for Cliggett, said the widow’s arguments point to a loss of focus by Cliggett, an “involuntary decision” rather than a deliberate one.
Judge Neureiter asked Volker whether there would be any downside to allowing Paul to amend the complaint and addressing the issue “at halftime” based on the evidence that emerges.
That could establish a precedent that a driver’s “loss of focus is enough for punitive damages in every case,” Volker said.
Counsel for the parties did not immediately respond to requests for comment Wednesday.
Paul is represented by Aaron J. Huckstep of Huckstep Law LLC.
