Woman injured in accident sues Madison County for poor roads

ANDERSON -- A woman seriously injured when she was thrown from a motorcycle that struck a pothole is suing Madison County officials for allegedly neglecting their roads.\nAmanda Abbott's lawsuit seeks damages for her injuries and claims the county has been negligent and failed to maintain and mark its roads, leaving them strewn with potholes.\nHer suit claims that on Sept. 4, 2005, she suffered serious head injuries when she was thrown from the back of a motorcycle when its driver, Timothy L. Barnhill, swerved to avoid a pothole, only to strike a second pothole.\nAbbott was airlifted to Methodist Hospital in Indianapolis, where she spent two weeks being treated for serious injuries to her brain, neck, back, arms, shoulders, elbows and legs, her lawsuit states. Barnhill was not hurt as seriously.\nAbbott's attorney, John E. Eisele, said his client incurred medical bills of more than $60,000. She is able to function but has ongoing medical issues, he said. Abbott was not wearing a helmet at the time of the accident, he said.\n"This road had chuck holes you wouldn't believe. A day or two later, the county came out and filled the holes," he said.\nAbbot's lawsuit, filed Aug. 31 in Madison Superior Court, names Madison County, the Madison County Highway Department and the Madison County Board of Commissioners.\nIt claims a loss of wages, stating that Abbott missed work during her medical treatment and will miss more work in the future.\nJames Stephenson, an Indianapolis attorney who represents Madison County in insurance cases, said Tuesday he cannot comment on the lawsuit until he reviews the information in the case.\nEisele said it could take months for discovery evidence to be collected and that Stephenson had filed for a 30-day extension of the case.\nCounty attorney Jim Wilson said he has seen the case and believes it will be difficult for Abbott to prove the condition of the county's road caused the accident.\n"It sounds like the pothole isn't what caused the damage. I think the swerving actually caused the damage. It will be difficult to prove," Wilson said.