The Indiana Court of Appeals has upheld a $2 million award in the case of the wrongful death of April Harber.
The appeals court upheld the verdict of a Valparaiso jury that ruled that Harber's death was the fault of Indian Trucking of Portage, the driver of the truck, Charles Geyer, Grundlach Farms and the driver of the car, Jesus Pedroza, of Lake Station.
Harber was 16 when she died in a car-truck crash in 1996. Harber was in the back seat of a car driven by a friend from Lake Station when the car was hit by a tractor-trailer hauling gravel.
Kenneth J. Allen, lead attorney for the case, said the truck involved in the accident was in violation of numerous safety regulations and that it was a recognition by the jury that the accident was preventable that led to the large award.
"There were serious violations found on the truck in 1996. The big issue in these cases - and this one in particular - is that 90 percent of these trucks have violations of state and/or federal rules," Allen said Friday. "The day before this truck went on the road there were problems - the brakes were not working properly. Testimony showed if the truck had been able to stop a half second sooner, there would not have been a crash."
Attorneys for Indian Trucking, Geyer, Grundlach Farms and Pedroza could not be reached Friday for comment.
"If the truck had been inspected and repaired and in proper working order, we would never have had this case because there would not have been an accident," he said. "The jury recognized that in Indiana, enforcement is lax -- the enforcement division is understaffed. Trucking companies realize that the chances are very slight that they are going to get detected, or inspected or sanctioned or fined. We hope with this verdict, the companies are going to begin to realize that juries are going to hold them accountable."
Robin Biesen may be reached at biesen@howpubs.com or (219) 462-5151.
