News From Terre Haute, Indiana

Local & Bistate

June 9, 2012

Vigo jury awards $869K in damages tied to 2006 crash

TERRE HAUTE — A Vigo County jury last month awarded $869,000 in damages to a Terre Haute man whose truck was struck by an ambulance during a 2006 traffic accident.

However, the six-person jury said the Aug. 11, 2006 accident was 72 percent the fault of Jason R. Nichols, a driver for TransCare ambulance, and 28 percent the fault of Robert M. Morgan, the plaintiff in the case.

That meant Morgan received 72 percent — or $625,680 — of the awarded damages. Nichols was represented by Brad Bough, of the Terre Haute law firm Wright, Shagley and Lowery.

“The award was substantial, as the damages were almost $1 million. The plaintiff’s share was reduced 28 percent, but [Morgan] was hospitalized” and has past and possible future medical costs, plus had lost wages because of the accident, Bough said.

“It is a lot of money, but it is not just a sore neck,” there are a lot of medical injuries, Bough said.

The lawsuit stated Morgan suffered multiple fractured ribs, a fractured left shoulder blade, a collapsed lung, a ruptured spleen and lacerations to his head. Complications with his recovery resulted in subsequent hospitalizations, the lawsuit states.

The ambulance had been running with lights on, however both sides disputed if a siren was on or off. The accident occurred after a car pulled in front of Morgan’s truck  on U.S. 40 near Chamberlain Road and slammed on its brakes, causing Morgan to steer into another lane, when the collision occurred with the ambulance.

Bough contended the ambulance driver had seen the erratic vehicle in front of Morgan’s truck, but failed to slow down or exercise due care to avoid a collision.

The lawsuit was filed June 3, 2008, after Morgan had undergone surgeries.

Vigo County Superior Court Division 1 Judge John Roach ordered the award after the jury’s May 23 decision.

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