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

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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.”

 


 
 

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  1. From his recent appearance on WRTV to this story here, Frank is everywhere. Couldn't happen to a nicer guy, although he should stop using Eric Schnauffer for his 7th Circuit briefs. They're not THAT hard.

  2. They learn our language prior to coming here. My grandparents who came over on the boat, had to learn English and become familiarize with Americas customs and culture. They are in our land now, speak ENGLISH!!

  3. @ Rebecca D Fell, I am very sorry for your loss. I think it gives the family solace and a bit of closure to go to a road side memorial. Those that oppose them probably did not experience the loss of a child or a loved one.

  4. If it were your child that died maybe you'd be more understanding. Most of us don't have graves to visit. My son was killed on a state road and I will be putting up a memorial where he died. It gives us a sense of peace to be at the location he took his last breath. Some people should be more understanding of that.

  5. Can we please take notice of the connection between the declining state of families across the United States and the RISE OF CPS INVOLVEMENT??? They call themselves "advocates" for "children's rights", however, statistics show those children whom are taken from, even NEGLIGENT homes are LESS likely to become successful, independent adults!!! Not to mention the undeniable lack of respect and lack of responsibility of the children being raised today vs the way we were raised 20 years ago, when families still existed. I was born in 1981 and I didn't even ever hear the term "CPS", in fact, I didn't even know they existed until about ten years ago... Now our children have disagreements between friends and they actually THREATEN EACH OTHER WITH, "I'll call CPS" or "I'll have [my parent] (usually singular) call CPS"!!!! And the truth is, no parent is perfect and we all have flaws and make mistakes, but it is RIGHTFULLY OURS - BY THE CONSTITUTION OF THIS GREAT NATION - to be imperfect. Let's take a good look at what kind of parenting those that are stealing our children are doing, what kind of adults are they producing? WHAT ACTUALLY HAPPENS TO THE CHILDREN THAT HAVE BEEN RIPPED FROM THEIR FAMILY AND THAT CHILD'S SUCCESS - or otherwise - AS AN ADULT.....

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