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Motorcycle Accident

July 17, 2013
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Driveway repair impairs traffic flow, leads to motorcycle accident

Action: Civil

Name of Case: Garrett Minniear v. Chase King d/b/a King Masonry LLC

Court: Marion Superior Court, Civil Division

Court Case Number: 49D03-0902-CT-008280

Injuries: Minniear’s injuries included two severely crushed feet, broken vertebrae, road rash, concussion and a comminuted fracture of both bones in his lower right arm.

Court Date: Oct. 25, 2012

Trial Type: Jury Trial

Judge: Hon. Patrick McCarty

Disposition: The jury returned a verdict for compensatory damages of $3 million, which was reduced to $1.8 million for 40 percent comparative fault. An additional $412,644 was added to this amount for post judgment interest which increased the total amount of compensation rendered to $2,212,644. The case is now in appeal.

Plaintiff Attorneys: Richard A. Cook and Bryan Tisch

Defendant Attorneys: W. Brent Threlkeld and Benjamin Stevenson

Insurance: American Family Insurance

Case Information: Minniear was riding a Suzuki Motorcycle southbound in the 7300 block of North Meridian Street, Indianapolis, Indiana. Meridian Street had four lanes at this location where Chase King d/b/a King Masonry LLC, was repaving a driveway. While doing the construction, King Masonry, placed debris in the western southbound lane of travel in the 7300 block of North Meridian Street, causing southbound traffic to slow and merge into the left lane. King Masonry did not use a flagman, arrow board or advance warning signs to inform the motoring public of the imminent lane closure. Instead, King used undersized cones approximately one foot in height that were not visible until traffic was right on top of the construction site.

King did not secure a permit and approval for the traffic plan for the closure of the lane and shoulder. Had King sought the appropriate permits, municipal authorities would have required a traffic control plan compliant with appropriate standard as set forth in the Indiana Manual of Uniform Traffic Control Devices.

Minniear had larger vehicles in front of him limiting his view of what was ahead. When a truck Minniear was following in the right lane merged left close to the hazard, Minniear had to quickly decide how to extricate himself. He could not go right because there was a dump truck on the shoulder facing the wrong way. After vehicles directly ahead of him merged left, Minniear took evasive action and merged left between two other vehicles in the left lane. It was necessary for Minniear to cut left around the outside of the truck ahead of him to avoid hitting it.

When Minniear moved slightly left of the vehicles in the left lane, he hit a raised median separating the north and southbound lanes. This caused Minniear to lose control, accelerate and careen back across the two southbound lanes. He struck a pile of debris which sent him and his motorcycle airborne into a front lawn. After his motorcycle landed in the front lawn, Minniear continued moving and struck a lamp post before he and his motorcycle came to a stop together near a large fir tree. Minniear sustained a concussion and was unable to recall how the accident occurred.

Conflicting testimony was presented by the witnesses concerning the motorcycle’s exact speed. The crash report showed all but one of the testifying eyewitnesses had estimated Minniear was going “only” 35 to 40 mph. In addition to the parties, a number of other witnesses testified. These included six eyewitnesses, law enforcement officers dispatched to the scene, a city inspector, doctors and experts. Gary Chambers from Wolf Technical established safety guidelines for a temporary lane closure for a construction site as did several police officers and the city inspector. Minniear’s injuries included two severely crushed feet, broken vertebrae, road rash, concussion and a comminuted fracture of both bones in his lower right arm. Minniear’s medical expenses were $136,000, to a low of $82,000 for Stanley v. Walker reductions. Both compensatory and punitive damages were sought. The jury saw fit to award only compensatory damages and found total damages in the sum of $3 million, which was reduced by 40 percent comparative fault by the plaintiff, who was alleged to have operated his motorcycle at an unsafe speed and left of center. Prejudgment interest increased the total amount of compensation rendered to $2,212,644. The case is now in appeal.

Submitting Attorney: Richard A. Cook•
 

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  1. Someone off their meds? C'mon John, it is called the politics of Empire. Get with the program, will ya? How can we build one world under secularist ideals without breaking a few eggs? Of course, once it is fully built, is the American public who will feel the deadly grip of the velvet glove. One cannot lay down with dogs without getting fleas. The cup of wrath is nearly full, John Smith, nearly full. Oops, there I go, almost sounding as alarmist as Smith. Guess he and I both need to listen to this again: https://www.youtube.com/watch?v=CRnQ65J02XA

  2. Charles Rice was one of the greatest of the so-called great generation in America. I was privileged to count him among my mentors. He stood firm for Christ and Christ's Church in the Spirit of Thomas More, always quick to be a good servant of the King, but always God's first. I had Rice come speak to 700 in Fort Wayne as Obama took office. Rice was concerned that this rise of aggressive secularism and militant Islam were dual threats to Christendom,er, please forgive, I meant to say "Western Civilization". RIP Charlie. You are safe at home.

  3. It's a big fat black mark against the US that they radicalized a lot of these Afghan jihadis in the 80s to fight the soviets and then when they predictably got around to biting the hand that fed them, the US had to invade their homelands, install a bunch of corrupt drug kingpins and kleptocrats, take these guys and torture the hell out of them. Why for example did the US have to sodomize them? Dubya said "they hate us for our freedoms!" Here, try some of that freedom whether you like it or not!!! Now they got even more reasons to hate us-- lets just keep bombing the crap out of their populations, installing more puppet regimes, arming one faction against another, etc etc etc.... the US is becoming a monster. No wonder they hate us. Here's my modest recommendation. How about we follow "Just War" theory in the future. St Augustine had it right. How about we treat these obvious prisoners of war according to the Geneva convention instead of torturing them in sadistic and perverted ways.

  4. As usual, John is "spot-on." The subtle but poignant points he makes are numerous and warrant reflection by mediators and users. Oh but were it so simple.

  5. ACLU. Way to step up against the police state. I see a lot of things from the ACLU I don't like but this one is a gold star in its column.... instead of fighting it the authorities should apologize and back off.

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