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The mother of one of three teen-agers killed in a one-car accident Nov. 1 near Pierceton has filed a lawsuit alleging wrongful death.
The case, filed in Kosciusko Circuit Court, alleges that negligence on the part of several people led to the death of Joshua L. Hartline. The lawsuit is filed by Hartline's mother, Sandy K. Kendall of Niles, Mich., both as representative of Hartline's estate and individually. A specific dollar amount for compensation is not noted in the case.
Hartline, 16, of Warsaw; John C.G. "Kit" Johnson, 19, of Pierceton; and Adam J. Bernicky, 18, of Warsaw, died when the car Johnson was driving left the roadway and struck several trees along Ind. 13, south of CR 700E. The three teens had reportedly been at a party at the Tim and Laura Shephard residence at 4747 S. CR 400E, Warsaw, prior to the accident.
Johnson's blood-alcohol level was .226 percent at the time of the accident, according to police and a coroner report. He also tested positive for marijuana use. Bernicky, a front-seat passenger, had a blood-alcohol level of .104 percent and tested negative for drug use, and Hartline, who was seated in the back seat of Johnson's vehicle, tested negative for both drug and alcohol use.
The Shephards, as well as Joshua and Adam Shephard, Rob Doyle and Bruce Clark, all of 9840 N. American Way, Syracuse; Larry Phillip Hartline, address unknown; and Michael Anderson, as representative of Johnson's estate, are named as defendants in the case.
Clark was charged in December with a misdemeanor offense of furnishing alcohol to a minor for allegedly providing alcoholic beverages to people under the age of 21 who were in attendance at the party. That case remains pending.
Joshua and Adam Shephard and Doyle allegedly hosted the party at the Shephard residence while Tim and Laura Shephard were not at home.
According to court documents:
• The elder Shephards "negligently entrusted their home to their sons who were incapable of using due care";
• The younger Shephards and Doyle were negligent because they provided alcohol to Johnson and other minors, which allegedly led to Hartline's death;
• Clark was negligent by allegedly purchasing alcohol for the minors; and
• Johnson negligently consumed alcoholic beverages to the point of intoxication then drove a vehicle.
Larry Hartline, Joshua Hartline's natural father and noncustodial parent, is named as a defendant to answer as to his interest in this action.
Kendall is seeking an unspecified amount in each of three counts to compensate for the loss of Joshua Hartline's services, love and companionship; for his funeral and burial expenses; for any reasonable psychiatric and psychological counseling incurred; and for any expenses in the administration of Hartline's estate, including attorney fees and court costs. A jury trial is requested.
The attorney representing Kendall is Michael J. Anderson of South Bend.
