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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. Not enough copperheads here to care anymore, is my guess. Otherwise, a totally pointless gesture. ... Oh wait: was this done because somebody want to avoid bad press - or was it that some weak kneed officials cravenly fear "protest" violence by "urban youths.."

  2. Should be beat this rap, I would not recommend lion hunting in Zimbabwe to celebrate.

  3. No second amendment, pro life, pro traditional marriage, reagan or trump tshirts will be sold either. And you cannot draw Mohammed even in your own notebook. And you must wear a helmet at all times while at the fair. And no lawyer jokes can be told except in the designated protest area. And next year no crucifixes, since they are uber offensive to all but Catholics. Have a nice bland day here in the Lego movie. Remember ... Everything is awesome comrades.

  4. Thank you for this post . I just bought a LG External DVD It came with Cyber pwr 2 go . It would not play on Lenovo Idea pad w/8.1 . Your recommended free VLC worked great .

  5. All these sites putting up all the crap they do making Brent Look like A Monster like he's not a good person . First off th fight actually started not because of Brent but because of one of his friends then when the fight popped off his friend ran like a coward which left Brent to fend for himself .It IS NOT a crime to defend yourself 3 of them and 1 of him . just so happened he was a better fighter. I'm Brent s wife so I know him personally and up close . He's a very caring kind loving man . He's not abusive in any way . He is a loving father and really shouldn't be where he is not for self defense . Now because of one of his stupid friends trying to show off and turning out to be nothing but a coward and leaving Brent to be jumped by 3 men not only is Brent suffering but Me his wife , his kids abd step kidshis mom and brother his family is left to live without him abd suffering in more ways then one . that man was and still is my smile ....he's the one real thing I've ever had in my life .....f@#@ You Lafayette court system . Learn to do your jobs right he maybe should have gotten that year for misdemeanor battery but that s it . not one person can stand to me and tell me if u we're in a fight facing 3 men and u just by yourself u wouldn't fight back that you wouldn't do everything u could to walk away to ur family ur kids That's what Brent is guilty of trying to defend himself against 3 men he wanted to go home tohisfamily worse then they did he just happened to be a better fighter and he got the best of th others . what would you do ? Stand there lay there and be stomped and beaten or would u give it everything u got and fight back ? I'd of done the same only I'm so smallid of probably shot or stabbed or picked up something to use as a weapon . if it was me or them I'd do everything I could to make sure I was going to live that I would make it hone to see my kids and husband . I Love You Brent Anthony Forever & Always .....Soul 1 baby

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