Derrick Dircks vs. City of Gary, et al

Case Background

On May 21, 2017, Plaintiff Derrick Dirck filed a premises liability lawsuit in the Superior Court of Lake County, Indiana State (Case number: 45D11-1702-CT-275) against City of Gary. Bruce D. Parent presided over the case.

Dircks also filed a separate lawsuit against Derek and Gail Puckett for providing Mikulich with alcohol. The two suits were initially consolidated for discovery and pre-trial motions. Once that process was complete, the cases were severed. Dircks ultimately resolved his differences with the Pucketts and dismissed his case against them.

Cause

On July 10, 2016, the City of Gary hosted the Gary Air Show at a facility located at Route 12 and Atchison Boulevard and Old Hobart Road. The City requested assistance from local law enforcement agencies to manage security for the event. Lieutenant Guy Mikulich of the Lake County Sheriff’s Department was one of the officers present. During the event, Mikulich allegedly consumed alcohol served by Derek and Gail Puckett, leading to his intoxication.

As the air show concluded, Mikulich volunteered to assist with traffic control while spectators departed. Derrick Dircks, a professional iron worker attending the air show with his family, returned to his car to retrieve a beverage. As Dircks stood at the rear of his car, Mikulich drove by at high speed, left the road, and struck Dircks, sending him flying about twenty feet into the air before landing on his head. Mikulich fled the scene but was apprehended shortly afterward.

Injuries

Dircks sustained severe injuries in the air show injury case, including multiple broken bones and a catastrophic traumatic brain injury. He underwent extensive medical treatment, which ultimately led to opioid addiction. His addiction spiraled into deep depression, during which he threatened to harm himself and his family. After prolonged treatment, Dircks regained his mental equilibrium but continued to face long-term physical and emotional consequences due to the crash.

The specific amount of Dircks’s medical expenses remains unclear, but the air show injury case’s impact on his life was significant. His ongoing struggles with addiction and mental health further underscored the severity of the harm he endured.

Key Arguments and Proceedings

Legal representation

  • Plaintiff(s):Derrick Dirck
    • Counsel for Plaintiff: Robert A. Montgomery
  • Defendant(s): City of Gary | Lieutenant Guy Mikulich
    • Counsel for Defendants: Christopher Cooper | Ricardo A. Hall | Rodney Pol, Jr.

Claims

Dircks filed a lawsuit against Lieutenant Mikulich and the City of Gary. He argued that Mikulich was responsible for the crash due to driving under the influence of alcohol, which had been provided by Derek and Gail Puckett. Dircks also claimed that the City of Gary was vicariously liable for Mikulich’s actions, as he was allegedly acting as an agent of the City at the time of the crash.

Defense

The City of Gary denied any liability, asserting that Mikulich was acting exclusively as an employee of the Lake County Sheriff’s Department and not as an agent of the City. The City also sought to shift blame to Derek and Gail Puckett for providing Mikulich with alcohol, claiming that their actions were a contributing factor to the incident. Mikulich admitted fault for the crash but contested the damages, focusing on minimizing the compensation Dircks sought for his injuries.

Jury Verdict

On May 31, 2024, the jury returned a verdict in favor of Derrick Dircks, awarding him $30,000 in compensatory damages and $4,600,000 in punitive damages against Lieutenant Guy Mikulich. Additionally, the jury awarded Dircks $15,000,000 in damages against the City of Gary. The total combined award amounted to $19,630,000. The court subsequently entered a judgment that reflected the jury’s verdict in the air show injury case.

Court Documents:

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