Family settles for $1.5M in Bisard suit

INDIANAPOLIS (WISH) - A $1.55 million settlement has been reached in a lawsuit filed by the family Eric Wells, who was killed when IMPD Officer David Bisard struck Wells' motorcycle.

"In our opinion it's an admission of guilt from the city," Wells' mother, Mary Wells, said.

But the settlement shows both sides agreed the city and Bisard deny any liability or admission of guilt.

The law firm representing the Wells family announced Thursday that the agreement was reached on May 18. It now heads to the Marion County Probate Court for approval.

"After almost two years, the settlement represents a first step toward achieving some measure of justice for Eric, his wife, and entire family as a result of this tragedy," one of the attorneys for the Wells' family said in a news release.

Wells' family filed suit in December 2010, after the crash on Aug. 6, 2010. Bisard, an IMPD officer, was on duty when he drove his patrol car into motorcycles, killing Wells and seriously injuring two others.

State law caps wrongful death claims at $700,000, so attorneys filed a separate federal civil rights claim. Federal claims do not carry a monetary cap. This settlement ends the lawsuit.

The Wells' family attorney Marvin Coan called the settlement of major importance because it puts police throughout Indiana on notice of what he calls police misconduct. He believes it will now be easier to prove liability and be awarded civil rights violations.

"We're glad it's over," Mary Wells said. "Now we can move forward to the criminal. It's still emotional . No amount of money will bring our son back."

Bisard’s criminal case is still weaving its way through the courts, but the family sued him, the city and the police department citing “gross negligence” and “extreme indifference to human life.”

Eric Wells was killed as he and two co-workers, Mary Mills and Kurt Weekly, were sitting at a stoplight on 56th Street in August 2010 and Bisard slammed into them in his patrol car.

Lawyers for Wells have said Bisard was drunk, driving recklessly and driving too fast to a non-emergency call he had not been dispatched to.

Now, Wells' parents are working to create a lasting legacy for him in the city of Indianapolis.

Eric Wells' widow said part of the settlement money will be used to help fund his life passion of assisting underprivileged children through their non-profit, the Eric Wells Memorial Foundation.

"His memory is carried out by helping other children, and when people see a sign announcing a fundraiser, they will say, 'This is the family helping pay back the city for their support,'" Mary Wells said.