Family Files Lawsuit for Fourth of July's Double Fatal Motorcycle Accident

By Scott Sarvay

July 10, 2012 Updated Jul 10, 2012 at 12:26 PM EDT

Fort Wayne, Ind. (Indiana’s NewsCenter) – Family members of the couple killed on July Fourth’s fatal motorcycle accident have filed a wrongful death lawsuit against the driver of the car that crossed the center line and crashed into the motorcycle head-on.

Heather R. Hendrickson, the administrator of the estate of James R. Hendrickson and Mary Catherine Hendrickson, filed the suit Friday against Charniece Arnold. According to the lawsuit, Arnold was driving the car that struck and killed the Hendricksons.

The accident occurred just after noon near the intersection of Ardmore and Covington.

James was pronounced dead at the scene. His wife Catherine was transported to a local hospital in critical condition where she later passed away from her injuries.

According to the lawsuit, Arnold had a duty to use reasonable care in the "inspection, maintenance, repair and operation" of the car.

"Arnold breached the foregoing duties and was negligent and/or reckless," the lawsuit read.

Heather Hendrickson and Jason M. Banghart, their son, are seeking reimbursement for medical and funeral expenses, as well as attorney's fees.

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