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Two injured on motorcycle sue Indy over police crash

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Two people who were seriously injured when an allegedly intoxicated Indianapolis police officer collided with their stopped motorcycle are seeking unspecified damages from the officer, the police department and the city in at least the third civil suit over the case, including two in the past week.

Kurt Weekly and Mary Mills filed the lawsuit Tuesday in Marion County against former Officer David Bisard and the other defendants, claiming the Indianapolis Metropolitan Police Department did not adequately oversee Bisard.

"It was foreseeable and substantially certain to the Defendants the City of Indianapolis and IMPD that its failure to properly train, supervise and monitor IMPD Officer David Bisard would cause a collision resulting in serious injuries and/or death or would expose the public including Kurt Weekly to such risk," the lawsuit said.

After the Aug. 6, 2010, crash at an Indianapolis intersection, blood work showed Bisard had a blood-alcohol content of 0.19 — more than twice the legal limit for drivers — when he drove his squad car into two motorcycles stopped for a traffic light. A judge earlier this year threw out the blood test in the criminal case against Bisard because it wasn't performed according to state law.

The collision killed 30-year-old Eric Wells, and his family sued the city in December, claiming Bisard was negligent.

Weekly says he suffered a brain injury, incurred more than $500,000 in medical expenses and has lost wages as a result of the collision. Mills, who was riding on Weekly's motorcycle, also is seeking damages for medical bills and lost wages.

Weekly and Mills, who recently married, also claim they experienced emotion pain from witnessing "the gruesome death" of Wells, their friend and co-worker, and each other's suffering.

Indiana tort law caps the city's liability at $700,000 per claim.

Bisard's attorney, John Kautzman, said he had no immediate comment on the lawsuit. City attorney Samantha Karn said it does not comment on pending litigation.

A third lawsuit was filed last week by three formerly high-ranking Indianapolis police officers. They are suing the city for damages and lost wages after being demoted for how they handled the crash. Former Assistant Chief Darryl Pierce, reduced with the others last year to the rank of lieutenant, said the three were made scapegoats.

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  • protect and serve
    Shame on the city of Indianapolis for not doing what was RIGHT in the first place! ,Protecting an Officer who broke the law killing someone,injurying others! Its a no brainer they should have to pay! especialy if you keep persons like that on the payroll you should be LIABLE!
  • crash and scape goats
    I totally agree with Pierce.. Someone higher up than the ones demoted is hiding something maybe hiding alot!! So we need to support the ones demoted and they need to dig deeper like from Straub;Ballard and the mysterious man???

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  1. So much for Eric Holder's conversation about race. If white people have got something to say, they get sued over it. Bottom line: white people have un-freer speech than others as a consequence of the misnamed "Civil rights laws."

  2. I agree, having seen three shows, that I was less than wowed. Disappointing!!

  3. Start drilling, start fracking, and start using our own energy. Other states have enriched their citizens and nearly elminated unemployment by using these resources that are on private land. If you are against the 'low prices' of discount stores, the best way to allow shoppers more choice is to empower them with better earnings. NOT through manipulated gov mandated min wage hikes, but better jobs and higher competitive pay. This would be direct result of using our own energy resources, yet Obama knows that Americans who arent dependent of gov welfare are much less likely to vote Dem, so he looks for ways to ensure America's decline and keep its citizens dependent of gov.

  4. Say It Loud, I'm Black and Ashamed: It's too bad that with certain "black" entertainment events, it seems violence and thuggery follows and the collateral damage that it leaves behinds continues to be a strain on the city in terms of people getting hurt, killed or becoming victims of crimes and/or stretching city resources. I remember shopping in the Meadows area years ago until violence and crime ended make most of the business pack you and leave as did with Lafayette Square and Washington Square. Over the past 10 to 12 years, I remember going to the Indiana Black Expo Soul Picnic in Washington Park. Violence, gang fights and homicides ended that. My great grandmother still bears the scares on her leg from when she was trampled by a group of thugs running from gun fire from a rival gang. With hundreds of police offices downtown still multiple shootings, people getting shot downtown during Black Expo. A number of people getting shots or murdered at black clubs around the city like Club Six on the west side, The Industry downtown, Jamal Tinsley's shot out in front of the Conrad, multiple fights and shootings at the skating rinks, shootings at Circle Center Mall and shooting and robberies and car jackings at Lafayette Mall. Shootings and gang violence and the State Fair. I can go on and on and on. Now Broad Ripple. (Shaking head side to side) Say It Loud, I'm Black and I'm Ashamed.

  5. Ballard Administration. Too funny. This is the least fiscally responsive administration I have ever seen. One thing this article failed to mention, is that the Hoosier State line delivers rail cars to the Amtrak Beech Grove maintenance facility for refurbishment. That's an economic development issue. And the jobs there are high-paying. That alone is worth the City's investment.

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