ANDERSON — The Indiana Court of Appeals has upheld a Madison County judge’s decision that the company that hired Fredrick Baer a month before he killed Cory Clark and her 4-year-old daughter, Jenna, isn’t liable for their deaths.
Baer, Indianapolis, was working as a traffic controller at a construction site in February 2004 when he left work, drove to Clark’s Lapel home and killed the 26-year-old woman and her daughter. Baer was convicted of their murders on May 20, 2005, and sentenced to death the next month.
John W. Clark, Cory’s husband, filed a civil lawsuit in February 2006 on the estate’s behalf against Indianapolis-based Aris Inc., the company that hired Baer, claiming it was negligent in failing to perform a criminal background check. Aris hires traffic controllers for contractors.
Madison Superior Court 2 Judge Jack Brinkman granted judgment in favor of Aris in July 2007, and Clark appealed the ruling.
Despite not checking into Bear’s criminal history — which includes convictions for burglary, theft and receiving stolen property — the appeals court said there wasn’t enough evidence to show that Aris should have suspected Baer, 36, was capable of killing two people while on the clock.
“We simply cannot conclude that Cory and Jenna Clark, who lived miles from the construction site in a residence that Baer was not authorized to enter for any purpose whatsoever, were reasonably foreseeable victims, or that the tragic harm that befell them was reasonably foreseeable,” Chief Judge John G. Baker writes in the nine-page, unanimous opinion of the three-judge panel.
“It would be a closer call if Baer had carjacked a vehicle passing by the construction site, inasmuch as it could be argued that the vehicle’s owner would be a more foreseeable victim than the Clarks,” the opinion continues.
Baer remains on Indiana’s death row in Michigan City. His execution date has not yet been set.
Local News
8:48 p.m.: Appeal denied in Baer civil case
Company not liable in death of Lapel mother, daughter
- Local News
-
-
Got flowers for Valentine's Day?
If you’re a wife or girlfriend reading this story, avert your eyes. This one’s for the men in your life.
-
Elwood mayor says new administration has had zero firings
Mayor Ron Arnold, who took office Jan. 1, said his administration has not fired a single employee.
-
Local churches work with Change This World
While 1.02 billion people are undernourished and 23,483 die of starvation or preventable disease per day in the world, according to Food and Agriculture statistics on Change This World’s website, there are those who are trying to make a difference by decreasing those numbers.
-
Getting Together: Anderson Symphony Orchestra seeks musical connections
Getting patrons in the proper mood for Valentine’s Day, the Anderson Symphony Orchestra delighted its audience with both classical and popular melodies of love on Saturday night. From Tchaikovsky to the Beatles, the professional musicians performed tales of love, tragedy and romance.
-
Arrest Log: Feb. 13
Arrests made by Madison County law enforcement on Saturday, based on Madison County Jail records. Charges are recommended by arresting officers, but are not final until the Madison County prosecutor reviews the case and files official charges.
-
What's Where: Feb. 13
Local meetings and activities are scheduled Monday.
-
Scott Underwood: TV section alterations on the way
Two Sundays ago, The Herald Bulletin introduced a new product called Click, replacing the TV Week section. Like TV Week, Click includes TV listings grids, sports listings and Sudoku and crossword puzzles.
-
Analysis: Exceptional voice seemed lost in Houston's excessive fame
Whitney Houston’s numerous comeback attempts never gelled into anything the public cared about.
-
Close-out sale draws shoppers before Sears leaves city
The end is near for Sears in Anderson.
-
Democrats unhappy with redrawn county districts
New County Council district lines approved late last year have drawn the ire of county Democrats who complain that the changes were made without public input.
- More Local News Headlines
-
