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Recovery For a Wrongful Death in Union County, Ind.

Alberta Miller v. Liberty Tree Campground Owners and Members Association, Inc.

Our client, Alberta Miller, and her husband Elmer Miller were passengers in a vehicle proceeding north on State Road 101 in Liberty, Indiana near the entrance to Liberty Tree Campground. Southbound traffic on State Road 101 was backed up and stopped for vehicles attempting to turn left to enter Liberty Tree Campground. Liberty Tree Campground Owners and Members Association, Inc. were aware that traffic frequently backs up and stops on State Road 101 due to vehicles attempting to enter Liberty Tree Campgrounds. Despite its knowledge of the traffic and knowing there would be a greater amount of traffic due to the holiday weekend, Liberty Tree Campground Owners and Members Association, Inc., et al required unreasonable identification and check in procedures at the entrance gate which was unreasonably close to State Road 101. The entrance gate caused the traffic to stop on State Road 101 while waiting to enter the campground on non-holiday weekends. A vehicle that was headed southbound tried to avoid colliding with the stopped traffic, crossed the center line and collided with the vehicle in which Alberta and Elmer were passengers.

Mrs. Miller sustained serious and permanent injuries in this auto accident resulting in medical bills in excess of over $100,000. She will continue to incur expenses in the future. Mr. Miller died in the collision. Mrs. Miller incurred funeral and burial expenses as a result of his death but more importantly, she suffered the loss of the love, affection, companionship, and support of her husband. Because Mrs. Miller was a passenger in the same vehicle occupied by her husband, Elmer, when he was killed she suffered serious emotional trauma and distress.

The collision was a direct and proximate result of the carelessness and negligence of Liberty Tree Campground Owners and Members Association, Inc., et al to post warning signs regarding stopped traffic, failing to place a guardshack in a location which would prevent traffic from backing up on the highway, not using personnel to direct and warn traffic and not using reasonable care and use of its property so use of its property would not interfere with travel on public highways.

Tabor Law Firm represented Alberta Miller in a personal injury and wrongful death claim against Defendants and was successful in obtaining a recovery that would help her with medical expenses, psychological counseling costs, funeral and burial expenses and the loss of her husband's services, love and companionship.

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