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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. I just wanted to point out that Congressman Jim Sensenbrenner, Senator Feinstein, former Senate majority leader Bill Frist, and former attorney general John Ashcroft are responsible for this rubbish. We need to keep a eye on these corrupt, arrogant, and incompetent fools.

  2. Well I guess our politicians have decided to give these idiot federal prosecutors unlimited power. Now if I guy bounces a fifty-dollar check, the U.S. attorney can intentionally wait for twenty-five years or so and have the check swabbed for DNA and file charges. These power hungry federal prosecutors now have unlimited power to mess with people. we can thank Wisconsin's Jim Sensenbrenner and Diane Feinstein, John Achcroft and Bill Frist for this one. Way to go, idiots.

  3. I wonder if the USSR had electronic voting machines that changed the ballot after it was cast? Oh well, at least we have a free media serving as vicious watchdog and exposing all of the rot in the system! (Insert rimshot)

  4. Jose, you are assuming those in power do not wish to be totalitarian. My experience has convinced me otherwise. Constitutionalists are nearly as rare as hens teeth among the powerbrokers "managing" us for The Glorious State. Oh, and your point is dead on, el correcta mundo. Keep the Founders’ (1791 & 1851) vision alive, my friend, even if most all others, and especially the ruling junta, chase only power and money (i.e. mammon)

  5. Hypocrisy in high places, absolute immunity handed out like Halloween treats (it is the stuff of which tyranny is made) and the belief that government agents are above the constitutions and cannot be held responsible for mere citizen is killing, perhaps has killed, The Republic. And yet those same power drunk statists just reel on down the hallway toward bureaucratic fascism.

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