Wagoner v. McGill

Case Background

Chad Wagoner filed an auto negligence lawsuit claiming that he had sustained injuries in a motor vehicle accident that took place at the intersection of two rural roads. The case was tried in the Carroll Circuit Court, Indiana, with Judge Shane M. Evans presiding. [Case number: 08C01-1803-PL-4]

Cause

On the evening of August 22, 2016, Chad Wagoner drove east on County Road 800 South in Carroll County. In the same area, Robert McGill drove a vehicle owned by Lisa McGill. Their relationship was not clarified in the records.

At the intersection with County Road 100 East, McGill’s vehicle struck the right rear of Wagoner’s car. The exact details of the crash remain unclear, but some evidence suggested Fred Rodkey III’s vehicle may have pulled out in front of McGill, triggering the collision.

The impact from McGill’s car pushed Wagoner’s vehicle into a ditch, causing it to overturn. Emergency responders transported Wagoner to a local hospital for treatment.

Damages

Wagoner filed this lawsuit seeking damages for the losses sustained as a result of the motor vehicle accident.

Key Arguments and Proceedings

Legal Representation

  • Plaintiff(s): Chad Wagoner
    • Counsel for Plaintiff(s): Robert M. Oakley | Greg Gallmeyer
  • Defendant(s): Lisa McGill | Fred Rodkey | Robert McGill
    • Counsel for Defendant(s): Doyll H. Andrews, III | Edward J. Wartman

Claims

Wagoner held Robert responsible for the crash, claiming Robert caused the collision that injured him. Wagoner also accused Lisa of negligence for allowing Robert to drive her vehicle. Additionally, he blamed Rodkey for allegedly contributing to the events leading to the accident.

Defense

The claims against Lisa McGill and Fred Rodkey were resolved before trial and did not proceed further. The litigation focused solely on the claim against Robert McGill. He defended himself by denying responsibility for the crash and instead placed the blame on Wagoner.

Jury Verdict

The trial took place in Delphi, focusing solely on the question of liability. The issue of damages was left for a separate determination. After two hours and twenty-four minutes of deliberation, the jury reached a verdict. They assigned 51% of the fault to McGill and 49% to Wagoner in this auto negligence lawsuit.

With this allocation of fault, the jury ruled in favor of the Plaintiff on the issue of liability. The court then issued an order stating that any future damages awarded would be adjusted based on the comparative fault percentages.

Court Documents:

Documents are available for purchase upon request at jurimatic@exlitem.com