Thank you for allowing me to answer your interesting question. Under
other circumstances where the families? insurance companies would have
been providing for burial or medical care I can certainly see how this
might pose a significant problem. In this case however it appears that
the attorney for at least one of the families will probably be
pursuing the trucking firm?s insurance company, Great West Casualty
Insurance Co., which of course, if adjudicated as such, would have
covered the costs no matter which girl had died or was hospitalized.
As difficult as it is to fathom such a terrible error, the fact of the
matter is that the medical and burial costs will not be affected
simply because the names of the victims were transposed. Since the
truck driver, the trucking firm and the firm?s insurance company
played no part in the mistaken identity issue, punitive damages based
on that unfortunate event do not come into play. Having said that, the
costs associated with this accident will essentially remain the same
no matter which girl died and which girl survived.
?Don Ward, an Indianapolis lawyer representing the Cerak family, said
his clients are concentrating legal blame on the truck driver, his
company and insurance company, not the coroner.?
??Cerak's parents opened a legal estate in Grant Circuit Court in
their daughter's name. It is the first step in what was anticipated to
be a wrongful death suit against Robert Spencer, the truck driver in
the April 26 crash, his company, Mike Brooks Inc., and their insurance
company, Great West Casualty Insurance Co.?
On June 3 there began some fund raising efforts to raise money to help
offset some of the Ceraks' new medical bills but who ultimately pays
or reimburses and how that is going to play out remains to be seen,
probably as the result of a trial, lawsuit or settlement months or
even years down the road. What little seems to be known about the
situation appears to be based largely on speculation because the
families have requested from day that their attorney refrain from
making comments to the press. The attorney is determined to follow the
clients? requests and until something more is offered officially this
is where the situation stands.
I hope you find that my answer exceeds your expectations. If you have
any questions about my research please post a clarification request
prior to rating the answer. Otherwise I welcome your rating and your
final comments and I look forward to working with you again in the
near future. Thank you for bringing your question to us.
Tutuzdad-ga ? Google Answers Researcher
SEARCH ENGINE USED:
SEARCH TERMS USED: