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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. Wishing Mary Willis only God's best, and superhuman strength, as she attempts to right a ship that too often strays far off course. May she never suffer this personal affect, as some do who attempt to change a broken system: https://www.youtube.com/watch?v=QojajMsd2nE

  2. Indiana's seatbelt law is not punishable as a crime. It is an infraction. Apparently some of our Circuit judges have deemed settled law inapplicable if it fails to fit their litmus test of political correctness. Extrapolating to redefine terms of behavior in a violation of immigration law to the entire body of criminal law leaves a smorgasbord of opportunity for judicial mischief.

  3. I wonder if $10 diversions for failure to wear seat belts are considered moral turpitude in federal immigration law like they are under Indiana law? Anyone know?

  4. What a fine article, thank you! I can testify firsthand and by detailed legal reports (at end of this note) as to the dire consequences of rejecting this truth from the fine article above: "The inclusion and expansion of this right [to jury] in Indiana’s Constitution is a clear reflection of our state’s intention to emphasize the importance of every Hoosier’s right to make their case in front of a jury of their peers." Over $20? Every Hoosier? Well then how about when your very vocation is on the line? How about instead of a jury of peers, one faces a bevy of political appointees, mini-czars, who care less about due process of the law than the real czars did? Instead of trial by jury, trial by ideological ordeal run by Orwellian agents? Well that is built into more than a few administrative law committees of the Ind S.Ct., and it is now being weaponized, as is revealed in articles posted at this ezine, to root out post moderns heresies like refusal to stand and pledge allegiance to all things politically correct. My career was burned at the stake for not so saluting, but I think I was just one of the early logs. Due, at least in part, to the removal of the jury from bar admission and bar discipline cases, many more fires will soon be lit. Perhaps one awaits you, dear heretic? Oh, at that Ind. article 12 plank about a remedy at law for every damage done ... ah, well, the founders evidently meant only for those damages done not by the government itself, rabid statists that they were. (Yes, that was sarcasm.) My written reports available here: Denied petition for cert (this time around): http://tinyurl.com/zdmawmw Denied petition for cert (from the 2009 denial and five year banishment): http://tinyurl.com/zcypybh Related, not written by me: Amicus brief: http://tinyurl.com/hvh7qgp

  5. Justice has finally been served. So glad that Dr. Ley can finally sleep peacefully at night knowing the truth has finally come to the surface.

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