Injury victim's case dismissed for failing to file bond to secure Defendants' costs
The Court invoked a rare procedural rule and upheld the dismissal of Tara Holland's injury claim against a group of defendants responsible for leaving a tractor-trailer disabled on the shoulder of the I-69 freeway. Holland suffered catastrophic injuries when she lost control and struck the disabled vehicles. She had no memory of the events and her attorneys had no real theory for claiming fault by the defendants. Eventually, the Court ruled that she could continue her claim, but only if she filed a bond to cover the insurer's potential cost of defense. She is no longer capable of working and could not file the bond, so the claim was dismissed. On appeal the court held that her attorney's failure to exercise due diligence, combined with her "tenuous legal theory" and the lack of any apparent negligence by the Defendants, made the dismissal a reasonable outcome.