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Daughters Of Woman Killed By Furloughed Indiana Prisoner Settle For $900,000
Two daughters who witnessed their mother's murder by a furloughed Indiana
prisoner settled their claim against the state for $900,000.
The woman's attacker, her ex-husband, had been imprisoned by the state for
crimes against her and the couple's two daughters. The state had promised,
in writing, to warn the woman if her ex-husband was furloughed. However,
the state released the ex-husband on a furlough without warning the woman.
Moreover, the furlough was approved despite warnings from the county
prosecutor's office. The ex-husband subsequently murdered the woman in
front of their daughters.
On the daughters' behalf, a lawsuit was initiated against the state for
negligently releasing the attacker and for failing to notify the ex-wife.
Plaintiffs sought to recover damages for emotional distress incurred by the
girls as a result of witnessing the murder and for wrongful death.
On July 5, 1989, prior to filing, the state agreed to settle the claims for
$900,000 (the maximum recoverable amount under the Indiana Tort Claims Act).
Of note, plaintiffs' attorneys remarked that Indiana had not previously
recognized the tort of negligent infliction of emotional distress, but
Indiana courts had, however, criticized the physical impact rule.
Plaintiffs supported their contention that the daughters' emotional
distress constituted independent claims with out-of-state decisions.
Plaintiffs were represented by Robert F. Gonderman Sr., Robert F. Gonderman
Jr., and Craig A. Rieff of the Gonderman Law Offices in South Bend,
Indiana. See: Bianco v. State Of Indiana, court unknown, Case No. unknown.
prisoner settled their claim against the state for $900,000.
The woman's attacker, her ex-husband, had been imprisoned by the state for
crimes against her and the couple's two daughters. The state had promised,
in writing, to warn the woman if her ex-husband was furloughed. However,
the state released the ex-husband on a furlough without warning the woman.
Moreover, the furlough was approved despite warnings from the county
prosecutor's office. The ex-husband subsequently murdered the woman in
front of their daughters.
On the daughters' behalf, a lawsuit was initiated against the state for
negligently releasing the attacker and for failing to notify the ex-wife.
Plaintiffs sought to recover damages for emotional distress incurred by the
girls as a result of witnessing the murder and for wrongful death.
On July 5, 1989, prior to filing, the state agreed to settle the claims for
$900,000 (the maximum recoverable amount under the Indiana Tort Claims Act).
Of note, plaintiffs' attorneys remarked that Indiana had not previously
recognized the tort of negligent infliction of emotional distress, but
Indiana courts had, however, criticized the physical impact rule.
Plaintiffs supported their contention that the daughters' emotional
distress constituted independent claims with out-of-state decisions.
Plaintiffs were represented by Robert F. Gonderman Sr., Robert F. Gonderman
Jr., and Craig A. Rieff of the Gonderman Law Offices in South Bend,
Indiana. See: Bianco v. State Of Indiana, court unknown, Case No. unknown.
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Related legal case
Bianco v. State Of Indiana
| Year | 1989 |
|---|---|
| Cite | court unknown, Case No. unknown |
| Level | State Trial Court |
| Conclusion | Settlement |
| Attorney Fees | 0 |
| Damages | 900000 |
| Injunction Status | N/A |