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Wrongful death

March 17, 2010
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Trial Report

Jennifer Murphy, as parent of Travis Tyler Hensley, deceased v. DB Mobile Home Park

Pre-lawsuit mediation by Peter Schroeder

Injuries: Death of a 13-year-old boy

Date: Dec. 4, 2009

 

Disposition: $500,000 settlement

Plaintiff Attorney(s): Steven M. Crell, Cohen Garelick & Glazier, Indianapolis

Defendant Attorney(s): Kyle M. Baker, McNeely Stephenson Thopy & Harrold, Shelbyville

Insurance: Indiana Farm Bureau Insurance Co

Case Information: On June 20, 2009, 13-year-old Travis Tyler Hensley was sleeping in his bedroom of a trailer his family rented in the Clermont Mobile Home Park when a fire started in the mobile home. Tyler’s mom, Jeni Murphy, woke up as the fire was engulfing the mobile home. After initially escaping the fire, she tried to re-enter the mobile home to save her son. She was unsuccessful and her son died of smoke inhalation.

Tyler’s family argued that the window to Tyler’s bedroom could not be opened and that there was no working smoke alarm in the mobile home. They argued that housing codes were violated and the landlord, DM Clermont Mobile Home Park (DM), was responsible for Tyler’s inability to survive and escape the fire.
DM claimed the fire may have been caused by an electrical appliance or by a member of Tyler’s family. It claimed the window was put in place before the current housing codes and was therefore “grandfathered” from the application of the housing codes. It also claimed that the smoke alarm in the mobile home was functioning.

Pete Schroeder did a masterful job of mediating the dispute. He was able to demonstrate to both parties the risks involved in litigating the dispute and the benefit to a negotiated settlement. The case settled at mediation for a payment to Tyler’s mom in the sum of $500,000. The benefit to pre-suit mediations cannot be overstated. The parties not only saved substantial costs and attorneys’ fees, but also were able to promptly resolve a claim that would surely have taken several months or years to resolve and allowed Tyler’s family to receive some measure of closure following his death.

 - Steven M. Crell

 

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  1. YES I WENT THROUGH THIS BEFORE IN A DIFFERENT SITUATION WITH MY YOUNGEST SON PEOPLE NEED TO LEAVE US ALONE WITH DCS IF WE ARE NOT HURTING OR NEGLECT OUR CHILDREN WHY ARE THEY EVEN CALLED OUT AND THE PEOPLE MAKING FALSE REPORTS NEED TO GO TO JAIL AND HAVE A CLASS D FELONY ON THERE RECORD TO SEE HOW IT FEELS. I WENT THREW ALOT WHEN HE WAS TAKEN WHAT ELSE DOES THESE SCHOOL WANT ME TO SERVE 25 YEARS TO LIFE ON LIES THERE TELLING OR EVEN LE SAME THING LIED TO THE COUNTY PROSECUTOR JUST SO I WOULD GET ARRESTED AND GET TIME HE THOUGHT AND IT TURNED OUT I DID WHAT I HAD TO DO NOT PROUD OF WHAT HAPPEN AND SHOULD KNOW ABOUT SEEKING MEDICAL ATTENTION FOR MY CHILD I AM DISABLED AND SICK OF GETTING TREATED BADLY HOW WOULD THEY LIKE IT IF I CALLED APS ON THEM FOR A CHANGE THEN THEY CAN COME AND ARREST THEM RIGHT OUT OF THE SCHOOL. NOW WE ARE HOMELESS AND THE CHILDREN ARE STAYING WITH A RELATIVE AND GUARDIAN AND THE SCHOOL WON'T LET THEM GO TO SCHOOL THERE BUT WANT THEM TO GO TO SCHOOL WHERE BULLYING IS ALLOWED REAL SMART THINKING ON A SCHOOL STAFF.

  2. Family court judges never fail to surprise me with their irrational thinking. First of all any man who abuses his wife is not fit to be a parent. A man who can't control his anger should not be allowed around his child unsupervised period. Just because he's never been convicted of abusing his child doesn't mean he won't and maybe he hasn't but a man that has such poor judgement and control is not fit to parent without oversight - only a moron would think otherwise. Secondly, why should the mother have to pay? He's the one who made the poor decisions to abuse and he should be the one to pay the price - monetarily and otherwise. Yes it's sad that the little girl may be deprived of her father, but really what kind of father is he - the one that abuses her mother the one that can't even step up and do what's necessary on his own instead the abused mother is to pay for him???? What is this Judge thinking? Another example of how this world rewards bad behavior and punishes those who do right. Way to go Judge - NOT.

  3. Right on. Legalize it. We can take billions away from the drug cartels and help reduce violence in central America and more unwanted illegal immigration all in one fell swoop. cut taxes on the savings from needless incarcerations. On and stop eroding our fourth amendment freedom or whatever's left of it.

  4. "...a switch from crop production to hog production "does not constitute a significant change."??? REALLY?!?! Any judge that cannot see a significant difference between a plant and an animal needs to find another line of work.

  5. Why do so many lawyers get away with lying in court, Jamie Yoak?

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