Acres v. INDOT, et al

Case Background

A married couple filed a personal injury lawsuit against the State of Indiana and the Indiana Department of Transportation (i.e., INDOT) alleging negligence after they were launched into the air while riding their motorcycle when they came upon a section of buckled pavement.

The case was filed in the Indiana Superior Court, Lake County. Judge Kristina C. Kantar presided over this case. [Case number: 45D04-2001-CT-54]

Cause

On the afternoon of July 4, 2019, Plaintiff Thomas Acres was riding a 2017 Harley-Davidson motorcycle north on S.R. 55 in Crown Point. His wife, 58-year-old Pauline Ciancanelli-Acres, was sitting behind him.

As they reached the top of a hill, they encountered a section of the road where the concrete had buckled. The raised section acted like a “launchpad,” and Thomas didn’t see it in time to avoid it.

Riding at full speed, the motorcycle hit the buckled concrete and was thrust into the air, carrying both riders with it. Fortunately, when the motorcycle came back down, Thomas and Pauline landed back on it. They managed to stay in control and avoided a crash.

Injury

Although the couple avoided a crash, both sustained injuries. Thomas suffered from pain in his lower back and spine. He sought treatment for about twelve months and, by the end, had mostly recovered.

Pauline’s injuries appeared to be more severe. They included damage to her head, ears, neck, spine, lower back, shoulder, ribs, and hips. Pauline stated that some of her injuries still cause ongoing issues and are likely permanent.

Damages

The couple filed this lawsuit seeking damages for the injuries and losses they suffered as a result of the State of Indiana and INDOT’s negligence in failing to maintain the roadway in a safe condition.

Key Arguments and Proceedings

Legal Representation

  • Plaintiff(s): Thomas Acres | Pauline Ciancanelli-Acres
    • Counsel for Plaintiff(s): Arman G. Sarkisian | Jordan K. Pack
  • Defendant(s): State of Indiana | Indiana Department of Transportation (i.e., INDOT)
    • Counsel for Defendant(s): Joshua T. Martin | Paul O. Mullin

Claims

Thomas and Pauline filed a lawsuit against the State of Indiana and the Indiana Department of Transportation (INDOT) following the incident. They held the Defendants responsible for not maintaining the roadway in a safe condition.

Defense

The State of Indiana and INDOT defended the case by denying any prior knowledge of the road’s condition. They also argued that Thomas’s own negligence contributed to the incident.

Jury Verdict

The case was tried over three days in Gary. On October 9, 2024, the jury ultimately ruled in favor of the Plaintiffs, awarding $40,000 to Thomas and $500,000 to Pauline. This brought the total award to $540,000. The court then entered judgment for the full amount, along with interest.

Court Documents:

Available upon request