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Three lawsuits have been filed in connection with an accident in which a South Whitley man was killed and all note that the stop sign was down at the intersection where it occurred.
Lawsuits were filed in Kosciusko Circuit Court by attorneys for Diane Dial, as administratrix for the estate of Richard L. Dial, and William Douglas Lemon and Sadie Nicole Lemon against the state of Indiana, Indiana Department of Transportation, Kosciusko County Commissioners and Kosciusko County Sheriff's Department. Lemon's suit also names the Kosciusko County Highway Department as a defendant.
The third case was filed by Diane Dial and her son, Drew R. Dial, against William D. Lemon.
Richard Dial was killed in the Feb. 10, 1996, accident at the intersection of Ind. 14 and Packerton Road after the van he was driving collided with a car driven by William Lemon of Fort Wayne.
According to court documents, the intersection is controlled by stop signs for northbound and southbound traffic on Packerton Road. However, "at the time of the collision and for an undetermined period of time prior to the collision, the stop sign controlling southbound traffic on Packerton Road, at the intersection in question was not properly placed, but was instead lying on the ground, or otherwise not observable by motorists southbound on Packerton Road."
Both of the lawsuits against the government entities indicate that INDOT is responsible for maintaining state highways and posting signs in Kosciusko County, that the county allowed an unsafe condition to exist on Packerton Road, and that the sheriff's department is responsible for processing reports of downed or missing stop signs.
Diane Dial's lawsuit against the state and county is complaint for wrongful death, while the Lemons' case is for damages. Both are seeking an unspecified amount to compensate for their losses.
William and Sadie Lemon were injured in the accident, as was Drew Dial.
The lawsuit filed by Drew and Diane Dial against William Lemon claims that Lemon was negligent in operating his vehicle at the time of the accident and states that he suffered multiple contusions, abrasions, sprains, strains, post-traumatic stress disorder, depression and emotional trauma. This case also seeks an unspecified amount.
The Lemons' case states that neither driver had an opportunity to avoid the collision because of the "failure of the state of Indiana ... to properly maintain stop signs at the intersection of Ind. 14 and Packerton Road."
The Dials' are being represented by Gordon E. Tabor of Tabor, Fels & Tabor, Indianapolis. Attorneys for the Lemons are Sherrill Wm. Colvin and George Sistevaris of Haller & Colvin, P.C., Fort Wayne.
Jury trials are requested in all three cases.
