On December 4, 2012 at about 9:30 p.m., Minnetonka Police Officer Dan Aschenbrener’s squad car collided with a vehicle driven by Sean Kian at the intersection of Excelsior Boulevard and Woodland Road, resulting in Kian’s death. At the time, Officer Aschenbrener was responding to a 911 call with his emergency lights and Opticom emitter activated. Sean Kian’s vehicle was obstructed from Officer Aschenbrener’s view by a large church sign. The traffic light facing Officer Aschenbrener was red with a solid white Opticom. The traffic light facing Kian was yellow with a flashing Opticom and turned turned red as he entered the intersection.
On July 29, 2014, the lawsuit filed by Kian’s family was dismissed because the district court found Officer Aschenbrener reasonably believed it was safe to proceed through the intersection and he did not act with malice. Officer Aschenbrener was granted official immunity and the City of Minnetonka was granted vicarious official immunity. The court also found Officer Aschenbrener had been properly trained by the City. The City of Minnetonka and Officer Aschenbrener were represented by Paul D. Reuvers and Andrea B. Smith.