INDIANA:Motorcyclist's family will seek $3.9M in IMPD crash

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http://www.indystar.com/article/20100914/LOCAL/9140317/Motorcyclist-s-family-will-seek-3.9M-in-IMPD-crash Motorcyclist's family will seek $3.9M in IMPD crash By Vic RyckaertPosted: September 14, 2010 The family of a man who was killed when a squad car slammed into his motorcycle on the Northeastside intends to sue the city for nearly $3.9 million.
Attorneys for Eric Wells' brother, parents and wife notified Mayor Greg Ballard, Police Chief Paul Ciesielski and other officials of their intention to sue in a tort claim notice dated Sept. 8. The notice is the first step under Indiana law to filing a civil lawsuit against a government or public institution.
The family is seeking nearly $1.4 million for actual damages, including funeral expenses, the value of Wells' motorcycle and his estimated lifetime earnings. Luisa Montilla Wells is seeking an additional $2.5 million in damages for the loss of companionship, love and affection of her husband.
Wells, 30, died after Indianapolis Metropolitan Police Department officer David Bisard crashed a squad car into a group of motorcyclists stopped at a traffic signal Aug 6.
Bisard's cruiser struck two motorcycles that were among three that had stopped at 56th Street and Brendon Way South Drive. Wells was killed, and two others, Mary Mills, 47, and Kurt Weekly, 44, were critically injured.
According to the tort claim notice, Bisard's "decision to drive at an extremely dangerous and high speed in a traffic-congested area was totally unjustified and in violation of the IMPD general order." It added that Bisard "wrongfully chose to operate his vehicle in an extremely reckless and grossly negligent manner without legal justification for doing so."
City officials could not be reached for comment late Monday.
A blood test taken about two hours after the crash determined that Bisard was drunk, but investigators used improper procedures, and the Marion County prosecutor's office said the test cannot be used in court. Prosecutors later filed charges of reckless homicide and criminal recklessness against Bisard.
Bisard, a nine-year IMPD veteran, has been suspended without pay; Ciesielski is seeking to have him fired.
The crash put Weekly in a coma and left Mills with broken bones throughout her body. Lawyers for Mills and Weekly previously filed tort claim notices with the city.