ILNews

Appeals panel upholds $3.9M verdict for bicyclist hit by school bus

Back to TopCommentsE-mailPrintBookmark and Share

A student riding his bicycle to school on Washington Street in Indianapolis was hit by a school bus and critically injured, and a jury’s $3.9 million judgment in his favor was proper, the Indiana Court of Appeals ruled Friday.

The panel affirmed the Marion Superior jury’s award in Saral Reed and Durham School Services, Inc. v. Richard Bethel, 49A02-1301-CT-9. The jury found total damages for Bethel of $5 million, but because it determined he was 25 percent at fault, it reduced the award accordingly.

Bethel sustained numerous injuries and was hospitalized for more than two weeks after the accident, according to the record. His injuries also deprived him an opportunity to become a U.S. Marine, and witnesses including his ROTC instructor testified he would have been a good candidate.   

Saral Reed, the bus driver, and Durham School Services challenged the verdict as excessive and argued on appeal that several exhibits should not have been admitted, including contract terms with Indianapolis Public Schools in which drivers would be assessed fees for any late buses. Reed and Durham also objected to admission of contract terms requiring insurance of at least $5 million, among other things, and that the cumulative effect of improperly admitted evidence deprived them of a fair trial.

But Judge Rudolph R. Pyle III wrote for the panel that in some cases those evidence objections weren’t properly preserved, and in any event, the evidence at trial was proper to admit. “Here, the evidence at trial reveals that Bethel suffered severe injuries and pain as a result of Reed hitting him with the bus. Bethel was initially trapped under the bus until Reed moved the bus and ran over him a second time.”

“The Defendants’ challenge to the jury’s damages verdict seems to be that the jury assigned too high a value on what it would take to compensate Bethel for his injuries and pain and suffering,”  Pyle wrote. “This challenge is nothing more than a request to reweigh the evidence, which we will not do.”

 


 
 

ADVERTISEMENT

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by
2015 Distinguished Barrister &
Up and Coming Lawyer Reception

Tuesday, May 5, 2015 • 4:30 - 7:00 pm
Learn More


ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. OK, now do something about this preverted anacronism

  2. William Hartley prosecutor of Wabash county constantly violates people rights. Withholds statement's, is bias towards certain people. His actions have ruined lives and families. In this county you question him or go out of town for a lawyer,he finds a way to make things worse for you. Unfair,biased and crooked.

  3. why is the State trying to play GOD? Automatic sealing of a record is immoral. People should have the right to decide how to handle a record. the state is playing GOD. I have searched for decades, then you want me to pay someone a huge price to contact my son. THIS is extortion and gestapo control. OPEN THE RECORDS NOW. OPEN THE RECORDS NOW. OPEN THE RECORDS NOW.

  4. I haven't made some of the best choices in the last two years I have been to marion county jail 1 and two on three different occasions each time of release dates I've spent 48 to 72 hours after date of release losing a job being denied my freedom after ordered please help

  5. Out here in Kansas, where I now work as a government attorney, we are nearing the end of a process that could have relevance in this matter: "Senate Bill 45 would allow any adult otherwise able to possess a handgun under state and federal laws to carry that gun concealed as a matter of course without a permit. This move, commonly called constitutional carry, would elevate the state to the same club that Vermont, Arizona, Alaska and Wyoming have joined in the past generation." More reading here: http://www.guns.com/2015/03/18/kansas-house-panel-goes-all-in-on-constitutional-carry-measure/ Time to man up, Hoosiers. (And I do not mean that in a sexist way.)

ADVERTISEMENT