Couple seeks damages from Bisard crash

INDIANAPOLIS (WISH) - Two victims of a crash involving an Indianapolis police officer are now suing the officer, the city and Indianapolis Metropolitan Police Department for damages.

The lawsuit was filed Tuesday in Marion County, about a year after the victims filed tort claims with the city that were never addressed.

Kurt Weekly and Mary Mills were on a motorcycle when IMPD Officer David Bisard crashed into them and and another biker on Aug. 6, 2010. Weekly and Mills were seriously injured in the crash that killed Eric Wells.

In the suit for unspecified damages, Weekly and Mills say they were required to file the lawsuit because they never received a response to their notices of tort claims.

While the suit doesn’t name a specific dollar amount the couple is seeking, it asks for a judgment that would compensate the couple for their injuries, emotional distress, legal costs and any other appropriate relief.

The 12-page document alleges four counts of negligence, two for causing personal injury, two for causing emotional distress. The lawsuit cites seven different manifestations of Bisard's negligence, including a blood-alcohol content of .19 at the time of the wreck, use of lights and sirens without good reason, use of his patrol car computer to send personal emails.

The lawsuit also alleges the City and IMPD were negligent in their failure to properly train Bisard and failure to properly supervise him.

The city and police department are not commenting on the lawsuit because it is pending litigation.

The Bisard case remains tied up in court . He remains on administrative leave from IMPD pending the outcome of his charges.

Another lawsuit was filed last week in the case, that one by IMPD officers who say their supervisors unfairly placed blame on them for the botched investigation.