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Automobile accident involving police officer

May 25, 2011
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Trial Report

Automobile Accident involving police officer

Rolla Trent, individually and as administrator of the estate of Shirley Trent, deceased v. city of Peru

Miami Circuit Court No. 52C01-0503-CT-145

Injuries: wrongful death

Date: Oct. 18, 2010

Judge or jury trial: Jury trial

Judge: Hon. Christopher Goff, special judge

Disposition: Verdict for plaintiff

Plaintiff attorney: Jason A. Shartzer and Richard A. Cook

Defendant Attorney: Robert T. Keen, Jr.

Insurance: Governmental Interinsurance Exchange

Case Information: In the early morning hours of Dec. 21, 2004, Shirley Trent was delivering newspapers from her vehicle in the city of Peru in Miami County. At about the same time, Officer Rodney Richard of the Peru Police Department was attending a shift meeting when he overheard a 911 call involving a suicidal male who had ingested an overdose of aspirin.

Richard recognized that the 911 call originated from his parents’ home and discovered that the suicidal male was his brother. He asked his supervisor for permission to respond to the call. After being given permission, Richard left the Peru Police Department for his parents’ home which was more than 24 miles away.

As Richard was traveling on Strawtown Pike Road in Peru, he crested a hill as Trent was delivering a newspaper at the base of the same hill. Richard’s vehicle struck Trent’s vehicle head-on. The impact took place in Richard’s lane of travel.

Trent suffered massive blunt trauma injuries including a fractured vertebrae at the base of her head and trauma to her brain, which ultimately resulted in her death on Jan. 1, 2005. Trent’s husband brought a wrongful death action against the defendant, city of Peru, and therefore the claim was governed under the rules and restrictions of the Indiana Tort Claims Act.

The defendant argued that Trent was contributorily negligent because she was driving her vehicle in the wrong lane and therefore the plaintiff’s recovery is barred. However, the plaintiff also alleged in the complaint that Richard engaged in willful and wanton conduct which, if proven, does not bar recovery for the plaintiff even if there is contributory negligence.

Prior to trial, the court granted the defendant’s motion to bifurcate the issues of liability and damages. At trial, Master Trooper Earl McCullough, the accident reconstructionist from the Indiana State Police, testified that Richard was traveling at least 94 miles per hour when he crested the hill before the impact. In addition, Richard testified that he had intentionally blacked out his speedometer because he did not like the glare it produced and therefore he did not know how fast he was driving.

There was additional evidence that Richard did not have his siren on at the time he crested the hill. At the conclusion of the liability phase of the trial, the Miami County jury returned a verdict finding that the city of Peru through its agent, Richard, was liable for the collision. After the verdict in favor of the plaintiff as to liability and prior to the commencement of the damages phase, the case was resolved in an amount equal to the cap for liability under the Indiana Tort Claim Act.•

– Jason A. Shartzer

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  1. Im very happy for you, getting ready to go down that dirt road myself, and im praying for the same outcome, because it IS sometimes in the childs best interest to have visitation with grandparents. Thanks for sharing, needed to hear some positive posts for once.

  2. Been there 4 months with 1 paycheck what can i do

  3. our hoa has not communicated any thing that takes place in their "executive meetings" not executive session. They make decisions in these meetings, do not have an agenda, do not notify association memebers and do not keep general meetings minutes. They do not communicate info of any kind to the member, except annual meeting, nobody attends or votes because they think the board is self serving. They keep a deposit fee from club house rental for inspection after someone uses it, there is no inspection I know becausee I rented it, they did not disclose to members that board memebers would be keeping this money, I know it is only 10 dollars but still it is not their money, they hire from within the board for paid positions, no advertising and no request for bids from anyone else, I atteended last annual meeting, went into executive session to elect officers in that session the president brought up the motion to give the secretary a raise of course they all agreed they hired her in, then the minutes stated that a diffeerent board member motioned to give this raise. This board is very clickish and has done things anyway they pleased for over 5 years, what recourse to members have to make changes in the boards conduct

  4. Where may I find an attorney working Pro Bono? Many issues with divorce, my Disability, distribution of IRA's, property, money's and pressured into agreement by my attorney. Leaving me far less than 5% of all after 15 years of marriage. No money to appeal, disabled living on disability income. Attorney's decision brought forward to judge, no evidence ever to finalize divorce. Just 2 weeks ago. Please help.

  5. For the record no one could answer the equal protection / substantive due process challenge I issued in the first post below. The lawless and accountable only to power bureaucrats never did either. All who interface with the Indiana law examiners or JLAP be warned.

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