An Indianapolis man who court records say was involved in a motorcycle crash in the county in June 2022 is now suing the Indiana Department of Transportation, the state of Indiana and the Hancock County Commissioners.
HANCOCK COUNTY — An Indianapolis man who court records say was involved in a motorcycle crash in the county in June of 2022 is now suing the Indiana Department of Transportation, the state of Indiana and the Hancock County Commissioners.
The case was filed on May 9 by Austin Powell and attorneys in Hancock County Superior Court 1. The lawsuit requests a jury trial with Powell seeking a financial judgement due to what the lawsuit claims was neglect on the part of the three defendants.
According to the lawsuit, at the time of the incident on June 14, 2022, the defendants maintained, constructed, and/or designed the roadway located at CR 500N in Greenfield, just east of CR 400E.
The lawsuit states that at the time of the incident, the dangerous condition of flooding of the area was a condition known by the defendants to occur under certain weather conditions and the defendants didn’t do anything to warn drivers.
The lawsuit goes on to state that Powell was traveling on CR 500N in Greenfield, where standing and/or moving water from a nearby stream covered the road. The water, the lawsuit states, posed a dangerous condition and led to the crash that caused the plaintiff’s injuries.
The plaintiff goes on to say he had insufficient time to alter his course when he proceeded onto CR 500N in Greenfield, and ended up going into the water on the road, which caused the plaintiff to be thrown from his motorcycle while his motorcycle continued until it hit a pole and came to a rest.
The negligence and carelessness of defendants, the lawsuit states, consisted of one or more of the following acts or omissions by failing to adequately, design, maintain and/or construct the roadway to prevent the dangerous condition, light the area where the dangerous condition existed, post warnings about the known dangerous road conditions contributing to plaintiff’s injuries.
The lawsuit states Powell has suffered damages, including but not limited to physical pain; mental suffering; emotional trauma and distress; loss of income; medical expenses and future medical expenses; property damage; and loss of enjoyment of life and inability to function as a whole person.
Powell, the lawsuit states, demands judgment against defendants for a sum of money as will fully and fairly compensate for all injuries, losses and damages, the costs of this action and for all other just and proper relief.
Court records show a request for a jury trial will be set only once the parties file a case management plan with the court.
