Alexander v. City of Indianapolis

Case Background

An elderly couple was returning home from a medical appointment when their vehicle was struck at an intersection. They were hit by a suspect fleeing from police in a high-speed pursuit. The crash left the wife with serious injuries, while the husband was killed. It was later revealed that the police had been chasing the wrong suspect. This wrongful death lawsuit alleging police negligence and recklessness was filed in the Indiana Superior Court, Marion County.

Judge Patrick J. Dietrick presided over this case. [Case number: 49D12-2110-CT-35618]

Cause

On December 30, 2019, Jacki Alexander, 61, underwent a CT scan to monitor her cancer treatment. Afterward, her husband, 64-year-old Charles Alexander, drove them home. The couple had been married for 43 years. Charles had a long career in IT and was still working at a financial services company at the time of the incident.

That afternoon, Charles drove south on Oaklander Road in Lawrence, with Jacki in the front passenger seat. They stopped for a red light at the intersection of Oaklander Road and Pendleton Pike.

Meanwhile, the Indianapolis Metropolitan Police (IMPD) were searching for Dewayne Gray, who was wanted for a probation violation related to a gun charge. The police had placed a residence in Lawrence under surveillance, suspecting Gray might be there. Around noon, they observed a man leaving the house and driving off in a 2015 Dodge Challenger.

The officers mistakenly believed the man was Gray, but it was actually Marcel Carter, who had only visited the residence to attend his niece’s birthday party. Carter had no criminal history or warrants.

Despite this, the police followed Carter and stopped him on a pretextual traffic violation. Carter later claimed the officers approached aggressively with guns drawn, and fearing for his safety, he fled back toward the residence, initiating a high-speed chase.

The pursuit reached speeds of 120 mph, with police from Lawrence, Fortville, and McCordsville joining in. During the chase, officers in Lawrence noticed Gray had arrived at the residence and informed the pursuing officers. However, the chase continued.

Around 1:00 pm, as Charles entered the intersection of Pendleton Pike and Oaklander Road on a green light, Carter, running a red light, collided with Charles’s vehicle at 80 mph. The crash caused Charles’s Ford Explorer to roll over.

Injury

Emergency responders rushed both Charles and Jacki to Methodist Hospital. Charles did not survive the crash and passed away at the hospital. Jacki, however, survived but sustained serious injuries. Her injuries included fractured ribs, a broken vertebra, a knee injury, and significant bruising.

Damages

The lawsuit was filed with the purpose of seeking compensation for the wrongful death of Charles Alexander and the injuries sustained and medical expenses incurred by his wife, Jacki Alexander

Key Arguments and Proceedings

Legal Representation

  • Plaintiff(s): Jacki Alexander | Estate of Charles Alexander
    • Counsel for Plaintiff(s): Rachel A. East | Janet Davis Hocker
  • Defendant(s): City of Indianapolis
    • Counsel for Defendant(s): Matthew Rayman | Jessica R. Gastineau

Claims

Jacki and Charles’s estate filed a lawsuit against the cities of Indianapolis and Lawrence, as well as the towns of McCordsville and Fortville, and Hancock County. The Plaintiffs accused the Defendants of recklessness, claiming they conducted a dangerous and unnecessary police pursuit without considering the safety of innocent civilians.

Ultimately, the Plaintiffs reached settlements with several Defendants. They received $350,000 from the Town of Fortville, $85,000 from McCordsville, and $325,000 from the City of Lawrence. Additionally, the Plaintiffs were paid $100,000 by the insurer of Carter’s vehicle and $150,000 by their own underinsured motorist carrier, Hanover Insurance.

As a result of these settlements, the parties agreed to dismiss all Defendants except for the City of Indianapolis.

Defense

The remaining Defendant, the City of Indianapolis, initially claimed immunity under the Tort Claims Act. However, the court rejected this defense.

Afterward, the City of Indianapolis changed its approach. It argued that the crash and the Plaintiffs’ damages were caused by the superseding and intervening actions of others, specifically Carter.

Jury Verdict

The wrongful death case was tried over five days in Indianapolis. The jury ruled in favor of the Plaintiffs and awarded $1,625,000 to Jacki. Additionally, the jury awarded $825,000 to Charles’s estate, along with $13,301 for his burial and funeral expenses.

This brought the total award to the Plaintiffs to $2,463,301. The court subsequently entered a judgment for this amount.

Post-trial Motion

The City filed a post-trial motion to correct errors. It sought to reduce the award to the statutory cap and adjust for the amounts the Plaintiffs had already received from other parties.

Court Documents:

Available upon request