Family of crash victim may sue over ID mix-up

MARION, Ind. -- The family of a Taylor University student misidentified for weeks as a classmate who was killed in a highway crash has notified state and local officials of a possible lawsuit over the handling of the crash aftermath.\nThe tort claim filed on behalf of crash survivor Whitney Cerak, her parents and sister targets the actions of Grant County Coroner Ron Mowery in identifying the four Taylor students and one employee who were killed in the April 26 crash.\nGrant County officials received the claim Monday, the same day the Michigan truck driver asked a judge to reduce the $130,000 bond under which he was being held in jail on reckless homicide charges stemming from the crash.\nThe tort claim, a legal step required under state law before a government agency can be sued, argues Mowery was "not properly trained and educated" as a coroner and that he "failed to exercise reasonable care" to avoid the misidentification.\nThe claim seeks unspecified damages for emotional trauma.\n"This is basically putting us on notice that they believe that a tort or some wrong act was committed by a governmental entity," said Kyle Persinger, an attorney for the Grant County commissioners.\nThe crash drew national attention five weeks after it happened when it came to light that authorities had mixed up the identifications of 19-year-old Cerak of Gaylord, Mich., who was severely injured but survived and 22-year-old Laura VanRyn of Caledonia, Mich., who died in the crash.