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Thursday, September 22, 2011

Ind. Decisions - "Families, Indiana reach settlement in fatal Scott crash"

Harold J. Adams has this story today in the Louisville Courier Journal. Some quotes:

The Indiana Department of Transportation will install new caution lights at the Scott County intersection where three Floyd Central High School alumni were killed under a settlement reached Wednesday with the families of two of the teens.

The agreement halted the third day of a trial in Scott Circuit Court in a lawsuit filed by the families of Cory Emerson and Timothy Brunmeier in connection with the Aug. 11, 2007. It also calls for the families to receive confidential cash settlements, attorneys for both sides said.

Here is an earlier story, from Ann Bowdan, WLKY Louisville, dated Sept. 20th. Some quotes:
SCOTTSBURG, Ind. -- The parents of two teens killed at a controversial Indiana intersection are taking the state to trial.

They said the state ignored a community's pleas to fix a dangerous intersection until a fatal crash killed three teens.

The Brunmeier and Burke families believe their two boys and a German exchange student who was with them would be alive today if the intersection had been changed as requested by the community.

Police said no alcohol, drugs or speed were involved in the crash – the parents blame poor signage and are they're taking the Indiana department of transportation to court.

The prosecution said at the time of the accident in August 2007, the stop sign at the intersection of State Road 356 and US 31 was blocked by another sign, the intersection was dark and not lit, and the signage and warnings of the upcoming intersection were not up to legal transportation standards.

WAVE 3, Lexington, has this story today headed "Parents, state reach settlement in southern Indiana deadly car accident," reported by Heather Smith and Matt McCutcheon. Some quotes:
SCOTTSBURG, IN (WAVE) - The parents of two southern Indiana teenagers who were killed in a car crash nearly four years ago have reached a settlement with the state.

There were still witnesses to be called to the stand Wednesday afternoon, but the trial was suddenly stopped during the lunch hour after a decision - a settlement - had been reached. * * *

Another twist came Wednesday afternoon, when the state approached the victims' families with a settlement offer before the trial event went to the jury for a verdict.

"Nothing will bring back our children, however the families and INDOT (Indiana Department of Transportation) have reached a mutual agreement to benefit the community," said Tess Brunmeier, Tim Brunmeier's mother.

Only WAVE 3 was there, as the families walked in after lunch. Moments later, Scott Circuit Court Judge Roger Duvall would stop the case in its tracks and accept a settlement that includes changes the families had originally asked for at this intersection of Indiana 356 and U.S. 31 in Scott County.

"INDOT has committed to adding signal flashers on US 31 that comply with the best and most applicable engineering practices," Brunmeier said.

The families have been pushing for the changes ever since the 2007 crash that killed friends Emerson and Brunmeier, along with a German exchange student. All along they've blamed the state for confusion at that intersection and not the driver who was actually going under the speed limit. * * *

Before the end of the year, the flashers will go at the intersection - joining the three crosses there that will keep the memories of these victims alive.

"Definitely a sense of closure and something good coming out of something horrible," Burke said.

There was a financial component to the settlement, but those details are not being made available citing the confidential settlement. The family did say a major chunk of any money they would receive would go to a scholarship.

Posted by Marcia Oddi on September 22, 2011 09:11 AM
Posted to Ind. Trial Ct. Decisions