Woman files tort claim against city

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October 31, 2009

By Christina M. Wright, Herald Bulletin Staff Writer The Herald Bulletin Sat Oct 31, 2009, 05:19 PM EDT

ANDERSON — A woman who claims she was sexually assaulted by an Anderson police officer has filed a tort claim complaint against the City of Anderson claiming she suffered severe injuries including emotional distress.

The tort claim, dated Oct. 19, was sent to the city by Noblesville law firm Holt, Fleck & Romine. The claim was signed by Holt.

According to the complaint, Anderson Police Department officer John Baysinger gave a woman a ride to her boyfriend’s home after the boyfriend’s arrest in mid-July. According to the complaint, Baysinger followed the woman into the home and attempted to have sexual intercourse with her, but she refused. In the complaint, the woman says Baysinger then sexually assaulted her.

The woman subsequently went to Saint John’s Medical Center, where she was examined and treated for injuries. The complaint doesn’t mention what those injuries were.

The complaint did say the woman’s damages were undetermined, but they will include, but not be limited to, medical expenses, emotional distress, pain and suffering and lost wages.

Holt was not available for comment.

Due to the nature of the case, The Herald Bulletin is not printing the woman’s name.

In September, Madison County Prosecutor Thomas Broderick, Jr. said he agreed with Indiana State Police “that there was insufficient evidence to support a criminal prosecution” in the alleged incident. Broderick was not available for comment Friday.

According to APD spokesman Mitch Carroll, Baysinger was suspended without pay for 100 hours beginning Sept. 13.

Holt requested the city notify him in writing concerning approval or denial of the claim within 90 days.

Contact Christina M. Wright, 640-4883, christina.wright@heraldbulletin.com.

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BREAKOUT

What is a tort claim?

A tort is a civil wrong.

A person committing a tort is sometimes called a “tortfeasor.” A tortfeasor may be held liable for injury caused to a third party by the tortfeasor’s unreasonable act or, in some cases, failure to act.

Broadly speaking, a plaintiff/injured party must prove the following in order to recover:

• That tortfeasor owed him or her a duty of care;

• That the tortfeasor breached this duty by an act or omission that fell below the standard of care that would be exercised by a reasonable person;

• That the act or omission caused the injury; and

• That the plaintiff was injured as a result.

The most common example of a tort would be negligence in situations involving accidents. Other examples would include assault, battery, trespass, nuisance, fraud, and infliction of emotional distress. These later examples include what are known as “intentional torts” where the tortfeasor acted on purpose. There are also torts involving “strict liability” (e.g., products liability) where liability may be assessed against a tortfeasor without regard to “fault” and without having to prove that the tortfeasor acted unreasonably.

Source: lawyers.com

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