Hendricks County Flyer, Avon, IN

Local News

May 17, 2013

City named in wrongful death suit

AVON — A family here is suing the City of Indianapolis, the Marion County Sheriff’s Department, and Sheriff’s Van transport driver Deputy Erich Gephart after an accident in October 2012 claimed the life of Adam McCarty.

During a press conference Thursday at Bymaster Law, 4435 E. 650 S., in rural Boone County, Katheryn McCarty, Adam’s ex-wife and the mother of his two sons, and attorney John Bymaster announced their intent to sue for wrongful death.

Bymaster said Adam McCarty’s truck ran out of gas on the West 29th Street southbound I-65 on-ramp on Oct. 28, 2012. After pulling over, he said McCarty went to the back of his truck to retrieve a gas can.

He said Gephart approached the truck with “excessive speeds and without a proper lookout on the on-ramp.”

According to the lawsuit, that despite there being ample room to pass on the left side of the disabled vehicle, Gephart “…  negligently and recklessly approached and then impacted both McCarty and the disabled vehicle with enough force to throw him 40 feet from the point of impact and severely crush the front door and mirror of the disabled vehicle.”

Emergency crews arrived and McCarty was pronounced dead on the scene due to the extensive injuries sustained in the collision.

What outrages his family more, Bymaster said, was that the accident was preventable, because the warning signs were there.

According to the lawsuit, this was Gephart’s ninth accident while on the job. His eighth accident in November 2011, in which Gephart struck Charles Hill with his transport van in a very similar fashion, left Hill permanently disabled.

“Why would the city continue to hire Gephart and retain his employment after he permanently disabled a pedestrian while on duty driving his vehicle?” Bymaster said. “Charles Hill’s life changed forever, and his family’s life changed forever, but the city and Deputy Gephart just continues on like nothing happened.”

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