Bisard crash victims sue city, demand apology

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Two survivors of the crash involving an Indianapolis Metropolitan Police Department officer in August of 2010 have filed a lawsuit demanding money, accountability and an apology from Patrolman David Bisard, the IMPD and the city of Indianapolis.

Kurt Weekly and Mary Mills were severely injured and motorcyclist Eric Wells was killed when Bisard’s squad car struck them as he was speeding westbound on 56th Street at Brendon Way S Drive. A subsequent blood test that determined Bisard was drunk at the time of the crash was thrown out of court over questions to its admissibility.

“I wish it was over a long time ago,” said Weekly as he struggled to speak, still feeling the aftereffects of his injuries. “I don’t know how it’s going to go or how it’s going to be but I wish it was over.”

“I’m really sorry that we’ve gotten to this point,” said Mills, who married Weekly two weeks ago.

Attorneys for the couple say they have unsuccessfully attempted to reach a settlement with the city over the injuries and expenses their clients have incurred.

“The city didn’t want to talk to us about trying to resolve the issues,” said Bruce Kehoe.

“They’ve put us in a position where we’re backed into a corner and said, ‘We’re not going to pay,’” said Mark Ladendorf.

The attorneys said besides damages, they are also seeking a full accounting of Bisard’s training and supervision and the IMPD investigation, which led to disciplinary actions taken against three commanders on the scene that day.

“They’ve had multiple reports that have been written and they get sandpapers so the edges are smoothed out,” said Kehoe. “That’s no way to run the department. That’s no way for the city of Indianapolis as great as this city is to operate.”

Mills said the question she wants answered is, “Who’s being penalized for not just the crash but everything wrong that happened along the way?”

Mills said she would like to see Bisard jailed for the crash.

“If it had been me driving the car, I would be sitting in jail today,” said Mills.

Kehoe and Ladendorf said that state law limits the damages their clients can recover from the city at $700,000 apiece, which is barely enough to cover Weekly’s medical bills and lost wages, which totals more than $500,000. A companion lawsuit alleging civil rights violations has been filed in federal court where there is no damage limit.

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