ILNews

Motorcycle Accident

July 17, 2013
Keywords
Back to TopCommentsE-mailPrintBookmark and Share
Trial Report

Trial Reports: Reports on recent Indiana cases from the lawyers and judges involved. Submit a trial report online at www.theindianalawyer.com/submit-trial-reports.

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•
 

ADVERTISEMENT

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by

facebook - twitter on Facebook & Twitter

Indiana State Bar Association

Indianapolis Bar Association

Evansville Bar Association

Allen County Bar Association

Indiana Lawyer on Facebook

facebook
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. Two cops shot execution style in NYC. Was it first amendment protest, or was it incitement to lawlessness? Some are keeping track of the body bags: http://www.breitbart.com/big-government/2014/12/13/al-sharpton-leads-thousands-in-saturday-march-on-washington-dc/

  2. From the MCBA: “This situation is not just about the death of Michael Brown, but the thousands of other African-Americans who are disproportionately targeted and killed by police officers.” The association said it was “saddened and disappointed” by the decision not to indict Ferguson police officer. HOPING that the MCBA will denouce the execution style killig of two NYC police officers this day, seemingly the act of one who likewise believes that the police are targeting blacks for murder and getting away with it. http://www.mediaite.com/online/two-nypd-cops-fatally-shot-in-ambush-in-brooklyn/ Pray this violence soon ends, and pray it stays far away from Indiana.

  3. "Am I bugging you? I don't mean to bug ya." If what I wrote below is too much social philosophy for Indiana attorneys, just take ten this vacay to watch The Lego Movie with kiddies and sing along where appropriate: https://www.youtube.com/watch?v=etzMjoH0rJw

  4. I've got some free speech to share here about who is at work via the cat's paw of the ACLU stamping out Christian observances.... 2 Thessalonians chap 2: "And we also thank God continually because, when you received the word of God, which you heard from us, you accepted it not as a human word, but as it actually is, the word of God, which is indeed at work in you who believe. For you, brothers and sisters, became imitators of God’s churches in Judea, which are in Christ Jesus: You suffered from your own people the same things those churches suffered from the Jews who killed the Lord Jesus and the prophets and also drove us out. They displease God and are hostile to everyone in their effort to keep us from speaking to the Gentiles so that they may be saved. In this way they always heap up their sins to the limit. The wrath of God has come upon them at last."

  5. Did someone not tell people who have access to the Chevy Volts that it has a gas engine and will run just like a normal car? The batteries give the Volt approximately a 40 mile range, but after that the gas engine will propel the vehicle either directly through the transmission like any other car, or gas engine recharges the batteries depending on the conditions.

ADVERTISEMENT