The daughter of a Fort Wayne couple killed Wednesday in a motorcycle crash has filed a wrongful death lawsuit in Allen Superior Court.
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 lawsuit makes available the name of the driver, which had not been made available by police. No phone number for Arnold could be found Monday afternoon.
According to the lawsuit and police reports, Arnold was driving south on Ardmore Avenue around noon on July 4. The Hendricksons were driving north, on their 2008 Yamaha motorcycle, when Arnold’s Kia crossed the centerline for unknown reasons.
The car struck the motorcycle head-on, causing the motorcycle to catch fire, witnesses told police. While witnesses attempted to render aid, James Hendrickson was pronounced dead at the scene and Mary Hendrickson was taken to Lutheran Hospital in critical condition where she later died. Neither was wearing a helmet, police said.
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.