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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. Hysteria? Really Ben? Tell the young lady reported on in the link below that worrying about the sexualizing of our children is mere hysteria. Such thinking is common in the Royal Order of Jesters and other running sex vacays in Thailand or Brazil ... like Indy's Jared Fogle. Those tempted to call such concerns mere histronics need to think on this: http://www.msn.com/en-us/news/us/a-12-year-old-girl-live-streamed-her-suicide-it-took-two-weeks-for-facebook-to-take-the-video-down/ar-AAlT8ka?li=AA4ZnC&ocid=spartanntp

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  3. This is happening so much. Even in 2016.2017. I hope the father sue for civil rights violation. I hope he sue as more are doing and even without a lawyer as pro-se, he got a good one here. God bless him.

  4. JLAP and other courtiers ... Those running court systems, have most substance abuse issues. Probably self medicating to cover conscience issues arising out of acts furthering govt corruption

  5. I whole-heartedly agree with Doug Church's comment, above. Indiana lawyers were especially fortunate to benefit from Tom Pyrz' leadership and foresight at a time when there has been unprecedented change in the legal profession. Consider how dramatically computer technology and its role in the practice of law have changed over the last 25 years. The impact of the great recession of 2008 dramatically changed the composition and structure of law firms across the country. Economic pressures altered what had long been a routine, robust annual recruitment process for law students and recent law school graduates. That has, in turn, impacted law school enrollment across the country, placing upward pressure on law school tuition. The internet continues to drive significant changes in the provision of legal services in both public and private sectors. The ISBA has worked to make quality legal representation accessible and affordable for all who need it and to raise general public understanding of Indiana laws and procedures. How difficult it would have been to tackle each of these issues without Tom's leadership. Tom has set the tone for positive change at the ISBA to meet the evolving practice needs of lawyers of all backgrounds and ages. He has led the organization with vision, patience, flexibility, commitment, thoughtfulness & even humor. He will, indeed, be a tough act to follow. Thank you, Tom, for all you've done and all the energy you've invested in making the ISBA an excellent, progressive, highly responsive, all-inclusive, respectful & respected professional association during his tenure there.

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