ILNews

Motor vehicle accident: Noblesville collision

Back to TopCommentsE-mailPrintBookmark and Share

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

Motor vehicle accident

Name of Case: Patricia Acker and Peter Acker v. Keyna Sanders
Court Case Number: Hamilton Superior Court, 29D01-1305-CT-04836
Injuries: Chronic neck and back pain
Court Date: Jan. 25-27, 2016
Trial Type: Jury trial
Judge: Hon. Steven R. Nation
Disposition: Defense verdict
Plaintiff Attorney: Arvin R. Foland, Arvin R. Foland & Associates, Noblesville
Defendant Attorney: Kevin C. Tyra and Elizabeth H. Steele, Tyra Law Firm, Indianapolis
Insurance: State Farm

Case Information: On July 12, 2012, an Infiniti QX4 SUV driven by defendant Keyna Sanders made contact with the rear of a Jetta occupied by driver Patricia Acker and her husband, Peter Acker, on eastbound Pleasant Street in Noblesville, near the intersection with State Road 37. There was minor damage to the rear of the Jetta, and a small crack in the underbumper of the Infiniti. Patricia was taken from the scene in an ambulance, complaining of severe neck and back pain. Peter sought medical attention two weeks later with his primary care physician, complaining of neck pain. Ultimately, Patricia’s medical bills totaled $80,714.28, and Peter’s bills totaled $74,938.86. Patricia complained of debilitating lower-back pain persisting through the time of trial. Peter’s neck pain, radiating into his left arm, persisted for about a year post-accident, and continued to limit his function somewhat through the time of trial. Patricia minimized any pre-accident neck or back problems, despite chiropractic records in late 2011 reflecting chronic pain since February 2009. Peter minimized any pre-accident neck or back problems, despite chiropractic records in 2009 reflecting chronic pain since 2000. Plaintiffs presented the live testimony of themselves, responding officer Chad Yoder, and physical therapist Christen Geisz; and deposition testimony by treaters Drs. James Hardacker, Charles Solano, Christian Verhagen, and Steven Wilk. Defense counsel presented brief testimony from Keyna Sanders that included her observation that the impact was very low-speed, and the video deposition testimony of biomechanical expert Alfred P. Bowles, M.D., who testified that he estimated the speed at impact as no more than 4.4 mph, which translates to no more than 2.7g of force, which would not have caused the severity of injuries claimed.•

Submitting Attorney: Kevin C. Tyra

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
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. Is it possible to amend an order for child support due to false paternity?

  2. He did not have an "unlicensed handgun" in his pocket. Firearms are not licensed in Indiana. He apparently possessed a handgun without a license to carry, but it's not the handgun that is licensed (or registered).

  3. Once again, Indiana's legislature proves how friendly it is to monopolies. This latest bill by Hershman demonstrates the lengths Indiana's representatives are willing to go to put big business's (especially utilities') interests above those of everyday working people. Maassal argues that if the technology (solar) is so good, it will be able to compete on its own. Too bad he doesn't feel the same way about the industries he represents. Instead, he wants to cut the small credit consumers get for using solar in order to "add a 'level of certainty'" to his industry. I haven't heard of or seen such a blatant money-grab by an industry since the days when our federal, state, and local governments were run by the railroad. Senator Hershman's constituents should remember this bill the next time he runs for office, and they should penalize him accordingly.

  4. From his recent appearance on WRTV to this story here, Frank is everywhere. Couldn't happen to a nicer guy, although he should stop using Eric Schnauffer for his 7th Circuit briefs. They're not THAT hard.

  5. They learn our language prior to coming here. My grandparents who came over on the boat, had to learn English and become familiarize with Americas customs and culture. They are in our land now, speak ENGLISH!!

ADVERTISEMENT