INDIANAPOLIS — Two people who were injured when an Indianapolis police officer drove his cruiser into their stopped motorcycle are suing the officer, the police department and the city.
The Indianapolis Star reported Saturday that the lawsuit was filed on behalf of Kurt Weekly and his wife, Mary Mills, who were critically injured in the August 2010 crash that killed another motorcyclist, 30-year-old Eric Wells. A speeding cruiser driven by Officer David Bisard crashed into the motorcycles while they were stopped at a traffic light on the city's northeast side.
The lawsuit filed in U.S. District Court alleges Bisard's actions caused Weekly to sustain permanent brain injuries and incur more than $500,000 in medical expenses. Weekly and Mills are seeking compensatory damages for physical injuries, medical expenses, lost earnings, loss of enjoyment of life, pain and suffering, and property damage. The case was filed Thursday.
A blood sample taken more than two hours after the crash showed Bisard had a blood-alcohol level of 0.19 — more than twice the legal limit for driving. But a judge ruled that an initial vial of the blood was inadmissible because it was drawn by an unauthorized person, forcing prosecutors to drop a drunken-driving charge against Bisard.
Prosecutors had hoped a second vial of blood would bolster their case. But it was moved and left unrefrigerated for about 22 weeks. Bisard's attorney, John Kautzman, has asked that it also be thrown out.
Messages seeking comment were sent to Kautzman on Saturday. He has maintained that Bisard is innocent of any wrongdoing.
Earlier this month, the city agreed to pay $1.5 million to Wells' family.
Bisard awaits trial on charges of reckless homicide and criminal recklessness. A judge has entered a not guilty plea for him.
