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May 16, 2013

City named in wrongful death suit of Avon man

Note: Look for a full story online Friday at www.flyergroup.com and in the Saturday edition of the Hendricks County Flyer.

AVON —

In a press conference Thursday, the law offices of Bymaster Bankruptcy announced the filing of a civil action against Erich Gephart, the City of Indianapolis, and the Marion County Sheriff Department seeking damages for the wrongful death of Adam McCarty. The plaintiff is ex-wife Kathryn McCarty, who is the personal representative of the estate of Adam McCarty and the mother of his two sons.

The complaint states that on Sunday, Oct. 28, 2012, McCarty’s truck, which he borrowed from his part-time employer for work purposes, ran out of gas on the West 29th Street South bound I-65 on-ramp. He pulled the vehicle off the road into a well-lit area, leaving more than ample room for vehicles to pass around the disabled vehicle. McCarty exited the vehicle and began to retrieve the gas can out of the back of the vehicle, as Gephart approached the disabled vehicle at excessive speeds and without a proper lookout on the on-ramp.

According to the complaint, that despite there being ample room to pass on the left 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.”

McCarty was pronounced dead on the scene due to the extensive injuries sustained in the collision.

The complaint states that on Nov. 25, 2011, Gephart had struck and severely injured another pedestrian – in a very similar fashion - causing him to be permanently disabled.

In fact, the McCarty accident was Gephart’s ninth similar accident, during his time as a public employee of the City of Indianapolis and the Marion County Sheriff’s Department.

As an employee of the City of Indianapolis and the Marion County Sheriff’s Department acting within the scope of his duty, both entities are jointly and severally liable for Gephart’s actions.

Additionally, as the complaint states, “ … both entities were also the proximate cause of McCarty’s death by negligently hiring and then purposefully retaining Gephart as a Sheriff Van transport driver after his record of eight accidents and the recent severe injuring of a pedestrian while on duty.”

The McCarty Estate is seeking damages to compensate for reasonable medical, funeral and burial expenses, and lost earnings of Adam McCarty, as a result of the wrongful death, in the amount of more than $700,000, which is the aggregate maximum of $700,000 set by Indiana Code.

 

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