Bisard Crash Victims Sue Officer, IMPD, City

Kurt Weekly, Mary Mills File Lawsuit Together

Two people who were severely injured when an Indianapolis police officer hit their motorcycle are suing the officer, the police department and the city for unspecified damages.

Kurt Weekly and Mary Mills, who married earlier this summer, filed the lawsuit Tuesday in Marion County against former Officer David Bisard and the other defendants.

Weekly, who suffered a serious brain injury in the crash, said he incurred more than $500,000 in medical expenses and has lost wages as a result of the August 2010 crash that also killed a second motorcyclist, 30-year-old Eric Wells.

Mills, who was riding on Weekly's motorcycle, also claims medical bills and lost wages.

The couple's attorneys said Weekly and Mills have tried to work with city officials for the past 14 months but have gotten nowhere.

"They really didn't have any choice (but to sue). They haven't been given any options by the city," said Weekly's attorney, Bruce Kehoe. "Why can't we get these people's claims resolved?"

Indiana tort law caps the city's liability at $700,000 per claim. The couple's attorneys argue that should be doubled to $1.4 million in this case.

"When the folks in the administration review Kurt and Mary's complaint, I hope that they get a sense of their pain, their character and accept an invitation to really express some leadership to take the high road," Kehoe said.

Officials in the city's legal department said they weren't surprised by the lawsuit but couldn't say much about whether the city has tried to compensate the victims.

"Obviously, this is a tragic situation. I think everybody agrees to that. But, again, that's something I can't really discuss outside any discussions we've had with the parties," said spokeswoman Samantha Karn.

Bisard's attorney said he had no immediate comment on the lawsuit.

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