PANGBURN, ET AL. v. MCALLISTER, ET AL. - McElfish Law Firm

2008 WL 1901363 (Ind.Super.)Copyright (c) 2007 Indiana Jury Verdict Reporter. All rights Reserved.Superior Court of Indiana, Marion County.PANGBURN, ET AL. v. MCALLISTER, ET AL.49D12-0505-CT-19430DATE OF VERDICT/SETTLEMENT: February 28, 2008TOPIC: AUTO NEGLIGENCE - AFTER HITTING TWO LARGE POTHOLES, DEFENDANT LOST CONTROL OFHIS VEHICLE, CROSSED THE CENTER LINE, AND COLLIDED HEAD-ON WITH PLAINTIFFSSUMMARY:Verdict: $57,700 for plaintiffs (allocated $44,000 for Pangburn and $13,700 for Stapp) against McAllister; defenseverdict on comparative fault for City of IndianapolisATTORNEYS:Plaintiff: E. Ralph Hoover, Craven Hoover & Blazek, P.C., IndianapolisDefendant: Heather A. Hartoin, Allstate Litigation Counsel, Indianapolis, for McAllister; Brett Dvorak, Indianapolis,for City of IndianapolisJUDGE: J. MoberlyRANGE AMOUNT: $50,000-99,999STATE: IndianaCOUNTY: MarionFACTS:In the afternoon of 6-7-03, Ida Pangburn, then age 54, was driving east on Raymond Street in Indianapolis. Herpassenger was Cheron Stapp. At the same time, a vehicle being driven by Gerald McAllister approached from theopposite direction.At a point approximately four hundred feet west of the intersection with Belmont Street, McAllister's right front tirewent into a large pothole. The sudden jolt sent his vehicle off the road just as his right rear tire went into a secondlarge pothole.McAllister tried to correct his trajectory but instead lost control of his vehicle. As a result, he found himself turnedto the left at a forty-five degree angle and thrown across the center line into the eastbound lane of traffic. Thishappened just as Pangburn arrived on the scene, and the two collided head-on.Pangburn was taken by ambulance to the ER at Wishard Health Services where she was treated for soft-tissueinjuries. She later underwent surgery to correct an abdominal wall hernia, and there would be some dispute overwhether the hernia was related to the crash. The record does not reveal either the nature of Stapp's injuries or thetwo women's medical expenses.Both Pangburn and Stapp filed suit against McAllister and blamed him for losing control of his vehicle and causingthe crash. They also targeted the City of Indianapolis and blamed it for failing to maintain the roadway in a safecondition.It subsequently came to light that McAllister was insured by Allstate Insurance under a policy that carried liabilitylimits of 550,000. Based on that information, plaintiffs amended their complaint to make an underinsured motoristclaim against Pangburn's insurer, American Family Insurance.McAllister defended the case and filed a cross-claim in which he blamed the incident on the city. According toMcAllister, the city had constructive knowledge of the presence of the two massive potholes but failed to repairthem or to warn him of the danger. Furthermore, McAllister claimed to have been injured when the impact threwhim into his steering wheel. He also noted that his vehicle was totaled.The city defended both plaintiffs' claims and McAllister's cross-claim. In short, the city blamed the entire incidentsquarely on McAllister. The defense IME was Dr. P.T. Buntin, Thoracic Surgery, Indianapolis. Dr. Buntin did arecords review and concluded that Pangburn's abdominal hernia was unrelated to the crash.

The case was tried for three days in Indianapolis. The jury returned a verdict in which McAllister was assigned100% of the fault and the city was exonerated. The jury went on to award damages of $44,000 to Pangburn and$13,700 to Stapp. The court entered a judgment that reflected the verdict, and it has been satisfied.The jury asked several questions. Among them were the following: (1) “Was there a police report?” and (2)[directed to McAllister] “After going off the road, why weren't you able to stop your car?” The responses to thequestions are not revealed in the record.Indiana Jury Verdict ReporterMarion, Superior2008 WL 1901363 (Ind.Super.)END OF DOCUMENT