Rear-end collision: Negligence in rear-ending vehicle stopped at red light: Wrongful death: Loan-receipt agreement: Verdict

Law Reporter, Sep 2002

Fort v. C. W. Keller Trucking, Inc., U.S. Dist. Ct., N.D. Ind., No. 3:00CV228, Jan. 7, 2002.

Fort, 52, was stopped waiting for a traffic light to change when a tractor-trailer rear-ended his vehicle. Fort's vehicle was forced into another tractor-trailer, causing it to catch fire. Fort suffered fatal injuries. He had been a retired military officer receiving $17,000 annually from a pension and some minor income from a newspaper delivery business. He is survived by his wife, two minor children, and one adult child.

An administrator on behalf of Fort's estate sued both the company that leased the truck and the company that was subcontracted to make the trucking run. Suit against the lessee alleged it was partially responsible, as the owneroperator of the vehicle, for the driver's negligence in rear-- ending Fort's vehicle as it was stopped at a red light. Before trial, the lessee and plaintiff mediated a loan-receipt agreement under which the lessee loaned plaintiff $2.25 million in exchange for plaintiff's promise to repay the lessee 30 percent of any judgment recovered against the company that was subcontracted to make the trucking run.

Suit against the subcontractor alleged that it was responsible for the negligence of the driver in rear-ending Fort's vehicle.

A jury awarded plaintiff about $1.04 million. Under state law, 50 percent will go to Fort's wife and 25 percent to each of Fort's minor children.

Defendant's economics expert was William Reiber, Indianapolis, Ind.

Plaintiffs Counsel

*John F. Townsend III, Indianapolis, Ind.

*John F. Townsend Jr., Indianapolis, Ind.