Couple injured in Bisard crash file lawsuit

Mary Mills and Kurt Weekly

INDIANAPOLIS - Two people critically injured after getting struck by a suspected drunk police officer are now suing Indianapolis Metro Police, the City of Indianapolis and David Bisard.

The lawsuit comes after Mary Mills and Kurt Weekly got married last month in Myrtle Beach. Mills and Weekly spoke to Eyewitness News at Noon, along with their attorneys, Mark Ladendorf and Bruce Kehoe.

Mills and Weekly suffered life-changing injuries after being struck on their motorcycles by Officer David Bisard in August 2010. Their friend Eric Wells died in the crash. Drunk driving charges were thrown out on a technicality, although Bisard still faces charges in the crash.

Meantime, Mills and Weekly are doing their best to get on with their lives despite the challenges they face.

When many people exchange wedding vows, the phrase "in sickness and in health" may not resonate as much as it does with Mills and Weekly, who have overcome life-threatening injuries together.

For Mills, the most challenging part of the recovery process has been "Kurt. And what he's had to go through...his memory loss and trying to get him back to the way he was before."

Weekly, speaking slowly because of his head injury, says he's very happy to be married.

"It's wonderful. I've never been married before. Everything else is...the hospital...I got hurt, so that was the hardest part of the whole thing," he said.

Both Mills and Weekly went through multiple surgeries and rehab sessions.

"I think it is the love that helped us through," said Mills. "I wasn't gonna give up on Kurt just because he had a head injury. He wasn't giving up on me for my injuries. We pretty much teamed up together and where I can't do things, Kurt does them and vice versa. It's been great."

Weekly says his wedding was a "wonderful day...everything I've done up to there was only helped because of Mary and what she did for me."

Attorney Mark Ladendorf, who is working for Mills, says the couple was forced to file the lawsuit.

"If you look at the things that have occurred in the last 14 months, we were put in a corner. We did everything we were supposed to do in terms of giving the city all the information about both our clients' injuries, about their disabilities, about what they've been through and about what their permanent injuries are gonna be for the rest of their lives. We gave that demand to them over three months ago and we were told they're not gonna talk to us at this time; they're gonna wait a while and Bruce [Kehoe] and I decided we've been pushed in a corner now and it's time to strike back and we filed the lawsuit," said Ladendorf.

Kehoe, who represents Weekly, said his clients told him at the beginning that they wanted to take the high road. "That's what's been done. We invite the city to join us on the high road in trying to reach a resolution. These people need to go forward with their lives and they've displayed such courage and character."

Officer David Bisard faces criminal charges in connection with the crash, but not drunk driving. His blood alcohol results which showed him more than twice the legal limit were thrown out because of how the blood was drawn.

His attorney says Officer Bisard and his family continue each day to pray for everyone impacted by this tragic incident. It's of small consequence to the couple suing the city, police department and Bisard, wondering why he was behind the wheel.

"What was so important that he needed to go so fast and not be aware of his own surroundings?" said Mills.

The couple linked together in a tragedy are now fighting together as husband and wife and helping each other get through each day.

"It doesn't matter whether or not we can't do the things we used to do before because of the injuries. We're still going to be together. We'll find another way to get things done," said Mills.

See the complaint filed by Mills and Weekly.