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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. Good luck, but as I have documented in three Hail Mary's to the SCOTUS, two applications (2007 & 2013),a civil rights suit and my own kicked-to-the-curb prayer for mandamus. all supported in detailed affidavits with full legal briefing (never considered), the ISC knows that the BLE operates "above the law" (i.e. unconstitutionally) and does not give a damn. In fact, that is how it was designed to control the lawyers. IU Law Prof. Patrick Baude blew the whistle while he was Ind Bar Examiner President back in 1993, even he was shut down. It is a masonic system that blackballs those whom the elite disdain. Here is the basic thrust:https://en.wikipedia.org/wiki/Blackballing When I asked why I was initially denied, the court's foremost jester wrote back that the ten examiners all voted, and I did not gain the needed votes for approval (whatever that is, probably ten) and thus I was not in .. nothing written, no explanation, just go away or appeal ... and if you appeal and disagree with their system .. proof positive you lack character and fitness. It is both arbitrary and capricious by its very design. The Hoosier legal elites are monarchical minded, and rejected me for life for ostensibly failing to sufficiently respect man's law (due to my stated regard for God's law -- which they questioned me on, after remanding me for a psych eval for holding such Higher Law beliefs) while breaking their own rules, breaking federal statutory law, and violating federal and state constitutions and ancient due process standards .. all well documented as they "processed me" over many years.... yes years ... they have few standards that they will not bulldoze to get to the end desired. And the ISC knows this, and they keep it in play. So sad, And the fed courts refuse to do anything, and so the blackballing show goes on ... it is the Indy way. My final experience here: https://www.scribd.com/document/299040062/Brown-ind-Bar-memo-Pet-cert I will open my files to anyone interested in seeing justice dawn over Indy. My cases are an open book, just ask.

  2. Looks like 2017 will be another notable year for these cases. I have a Grandson involved in a CHINS case that should never have been. He and the whole family are being held hostage by CPS and the 'current mood' of the CPS caseworker. If the parents disagree with a decision, they are penalized. I, along with other were posting on Jasper County Online News, but all were quickly warned to remove posts. I totally understand that some children need these services, but in this case, it was mistakes, covered by coorcement of father to sign papers, lies and cover-ups. The most astonishing thing was within 2 weeks of this child being placed with CPS, a private adoption agency was asking questions regarding child's family in the area. I believe a photo that was taken by CPS manager at the very onset during the CHINS co-ocerment and the intent was to make money. I have even been warned not to post or speak to anyone regarding this case. Parents have completed all requirements, met foster parents, get visitation 2 days a week, and still the next court date is all the way out till May 1, which gives them(CPS) plenty of to time make further demands (which I expect) No trust of these 'seasoned' case managers, as I have already learned too much about their dirty little tricks. If they discover that I have posted here, I expect they will not be happy and penalized parents again. Still a Hostage.

  3. They say it was a court error, however they fail to mention A.R. was on the run from the law and was hiding. Thus why she didn't receive anything from her public defender. Step mom is filing again for adoption of the two boys she has raised. A.R. is a criminal with a serious heroin addiction. She filed this appeal MORE than 30 days after the final decision was made from prison. Report all the facts not just some.

  4. Hysteria? Really Ben? Tell the young lady reported on in the link below that worrying about the sexualizing of our children is mere hysteria. Such thinking is common in the Royal Order of Jesters and other running sex vacays in Thailand or Brazil ... like Indy's Jared Fogle. Those tempted to call such concerns mere histronics need to think on this: http://www.msn.com/en-us/news/us/a-12-year-old-girl-live-streamed-her-suicide-it-took-two-weeks-for-facebook-to-take-the-video-down/ar-AAlT8ka?li=AA4ZnC&ocid=spartanntp

  5. This is happening so much. Even in 2016.2017. I hope the father sue for civil rights violation. I hope he sue as more are doing and even without a lawyer as pro-se, he got a good one here. God bless him.

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