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Settlement reached after fatal truck collision in Indiana

The survivors of a woman killed in a collision with a truck in Indiana reached a $4.5 million settlement through mediation, according to their Kansas City-based attorneys.

Scott Bethune, Wes Shumate and Jared Brown of Davis, Bethune & Jones represented Stuart Kurtz, the surviving spouse of Evette Yoder. On the night of March 13, 2022, a truck ran a red light at an intersection on U.S. Highway 31 in Tipton County, Indiana, striking Yoder’s Honda Accord at 55 miles per hour.

Although there were signs, flashing lights and rumble strips warning motorists of the upcoming intersection, eyewitness said the truck driver didn’t brake until after colliding with Yoder’s vehicle.

The Indiana State Police obtained dash camera footage from Hogan’s tractor truck, which confirmed the eyewitness testimony and EDR data. The driver, Bruce Patterson was arrested and charged with felony reckless homicide.

Kurtz made a claim against Patterson and his employer, Hogan Dedicated Services LLC. The case was resolved in pre-suit mediation with a mediator in Indianapolis. Attorney Wes Shumate said there was no dispute that Patterson was in the course and scope of his employment with Hogan at the time of the collision.

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$4.5 million settlement (out of state)

Motor Vehicle Collision, Wrongful Death

Venue: Marion County, Indiana

Case Number/Date: Not filed/July 26, 2022

Mediator: Mark A. Scott

Plaintiffs’ Experts: Brooke Liggett, Liggett Forensic Accounting & Economics, Springfield (damages)

Insurers: Great West Casualty Company, United Fire & Casualty Group

Caption: Stuart Kurtz, on behalf of the wrongful death class of Evette Yoder v. Hogan Dedicated Services LLC and Bruce Patterson

Plaintiffs’ Attorneys: Scott S. Bethune, Wes Shumate and Jared G. Brown, Davis, Bethune & Jones, Kansas City

Defendants’ Attorneys: Chris Whitten and James L. Culp, Whitten Law Office, Indianapolis, Indiana