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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. Ah yes... Echoes of 1963 as a ghostly George Wallace makes his stand at the Schoolhouse door. We now know about the stand of personal belief over service to all constituents at the Carter County Clerk door. The results are the same, bigotry unable to follow the directions of the courts and the courts win. Interesting to watch the personal belief take a back seat rather than resign from a perception of local power to make the statement.

  2. An oath of office, does it override the conscience? That is the defense of overall soldier who violates higher laws, isnt it? "I was just following orders" and "I swore an oath of loyalty to der Fuhrer" etc. So this is an interesting case of swearing a false oath and then knowing that it was wrong and doing the right thing. Maybe they should chop her head off too like the "king's good servant-- but God's first" like St Thomas More. ...... We wont hold our breath waiting for the aclu or other "civil liberterians" to come to her defense since they are all arrayed on the gay side, to a man or should I say to a man and womyn?

  3. Perhaps we should also convene a panel of independent anthropological experts to study the issues surrounding this little-known branch of human sacrifice?

  4. I'm going to court the beginning of Oct. 2015 to establish visitation and request my daughters visits while she is in jail. I raised my grandchild for the first two and half years. She was born out of wedlock and the father and his adopted mother wantwd her aborted, they went as far as sueing my daughter for abortion money back 5mo. After my grandchild was born. Now because of depression and drug abuse my daughter lost custody 2 and a half years ago. Everyting went wrong in court when i went for custody my lawyer was thrown out and a replacment could only stay 45 min. The judge would not allow a postponement. So the father won. Now he is aleinating me and my daughter. No matter the amount of time spent getting help for my daughter and her doing better he runs her in the ground to the point of suicide because he wants her to be in a relationship with him. It is a sick game of using my grandchild as a pawn to make my daughter suffer for not wanting to be with him. I became the intervener in the case when my daughter first got into trouble. Because of this they gave me her visitation. Im hoping to get it again there is questions of abuse on his part and I want to make sure my grandchild is doing alright. I really dont understand how the parents have rights to walk in and do whatever they want when the refuse to stand up and raise the child at first . Why should it take two and a half years to decide you want to raise your child.The father used me so he could finish college get a job and stop paying support by getting custody. Support he was paying my daughter that I never saw.

  5. Pence said when he ordered the investigation that Indiana residents should be troubled by the allegations after the video went viral. Planned Parenthood has asked the government s top health scientists at the National Institutes of Health to convene a panel of independent experts to study the issues surrounding the little-known branch of medicine.

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