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The heirs of a Leesburg woman killed in an October traffic accident have accepted a settlement in a wrongful death case filed recently in Kosciusko Circuit Court.
Zona F. Deeter, 89, died Oct. 15 after her car was struck by a train on CR 900N, east of Old Ind. 15, near Milford.
Deeter's estate was filed in June for the sole purpose of collecting damages for personal injuries resulting in her death, according to court documents.
Norfolk Southern Corp. was said to be negligent in the accident, the estate filings noted, because the railroad failed to provide proper warnings at the intersection of the railroad track with CR 900N.
According to paperwork filed at the time of the accident, it was noted by an Indiana State Police trooper that the crossing has no warning lights, stop arms or lane markings, but does have cross bucks.
Deeter's son, Jerry C. Deeter of Warsaw, agreed to compromise and settle the wrongful death claim for $15,000. The only other heir to Zona Deeter's estate is a daughter, Paula J. Sands of Corpus Christi, Texas. Acceptance of the settlement releases Norfolk Southern Corp. from further liability.
Court orders indicate that $5,000 of the settlement be paid to R. Steven Hearn of Warsaw, the attorney in the case, and that the funeral and burial expenses be taken from the remainder.
