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Driver files lawsuit against Kokomo over curb extensions

GoogleImageAppersonWay.PNG
Posted at 11:04 AM, Mar 02, 2020
and last updated 2020-03-02 15:59:05-05

KOKOMO — An Indianapolis woman has filed a lawsuit against the City of Kokomo alleging they were “careless and negligent” in failing to maintain a curb bump on Apperson Way in a “reasonably safe condition.”

Lucina Eaton was driving her motorcycle on June 17, 2018 when she hit the curb extension that jutted into the roadway on Apperson Way and caused a one-vehicle crash.

Eaton suffered serious and permanent injuries as a result, according to the lawsuit.

The driver alleges the bump out jutted into the roadway of Apperson Way without any meaningful protection or warning to approaching drivers.

As Call 6 Investigates reported in 2017, the flower pots and medians in the area near North Apperson Way and East Madison Street have created poor visibility for drivers.

  • In December 2014, a driver crashed into a flower pot and fence after a driver made an abrupt U-turn in front of him.
  • On March 6, 2015, a driver hit a planter, landscaping and fencing on Apperson Way because his windshield had fogged up.
  • On Dec. 15, 2016, a driver dropped her purse and when she leaned to get it, she hit a flower pot, fence and a small tree.
  • On Jan. 12, 2017, a driver was having trouble seeing in the rain, and crashed into metal fencing in the median.

The lawsuit accused the City of Kokomo for having notice of recurring problems at that intersection, but failing to address the problem including providing advance warnings or pavement markings to alert drivers that the northbound lanes of Apperson Way were set up to transition into a single lane immediately north of the intersection with Madison Street.

RELATED | Kokomo residents say new grass medians cause traffic issues

Lucina Eaton seeks an unspecified amount for her injuries and damages.

RTV6 has reached out to the Kokomo city attorney and mayor’s offices for comment on the lawsuit.