Accident Summary Report Based on Testimony

1. The accident between a van driven buy B. J. Schultz and a pedestrian, K. Jones, took place on April 18^th 1997 at 16:20pm near City Indiana in Noble township on hi-way 124. (Indiana Officer Standard Crash Report.)

2. On the day of the accident many of the track team did not have a structured workout: The girls were just told to go “make some exercise for ourselves, run a little bit.” (Orange dep. p.21.)

3. There was not a pre-determined route that day. The runners just exited through the parking lot and were going down to the elementary school and back. (E. Cline dep.p.12.)

4. The route that the girls agree they took that day was through the woods, over the bridge and around the playground area, then back around the north side of the school and then the drive along the west side of the school down 124. (E. Cline Dep. p. 14.)

5. They were on the north side of the road. (E. Cline dep. p. 16.)

6. The route was “start from the track field at the high school and ran down through the woods along 124, over a creek, over the bridge ...around... and then back to the high school.” (I. Orange dep.p.11.) Witnesses concur as to the route taken on the day of the incident

7. They just started off running with no particular route in mind and they were running single file.( Orange dep. p.22.) I. confirms the route that is cited earlier. (Orange dep.p.23)

8. First was K., then I., and then E.. (Orange dep.p.24)

9. Mrs. Schultz states that on April 18, 1997 at approximately 3:30pm she pulled out of her driveway in her white Dodge minivan onto hi-way 124 going in a west bound direction toward the city of City.( B. Schultz dep. Page 5

10. Mrs. Schultz remembers seeing three girls running “Abreast” (Schultz dep. p8), along side the road in a westerly direction. (Schultz dep. page 7.)

11. “They had probably just entered 124” (Schultz dep. p.9)

12. “We were running single file.” (E. Cline dep.p.13 and again at p.15.)

13. “Mr. Minnie once told us to run against traffic.” (I. Orange dep.p.16)

14. The runners were side by side. (Chip dep.p.7.) Mr. Chip concurs with previous witnesses that the runners were on the north side of the road running west on 124. (Chip dep.p.10.)

15. K. Jones remembers “running and looking to see if we could cross, and then the next thing I remember was waking up in the hospital and asking what happened.” (K. Jones dep.p.22)

16. Mrs. Schultz states that she was going “and then one, K. turned right.”...”She was probably gonna cross the road, and she turned to her left and went in my window.” (Schultz Dep. p. 10.)

17. “We started running, and K. was turning around to see if there was a car, and I think one car passed us, and then she was waiting for another car from the west coming, heading towards the east to pass us, and then she started going across the road. And short----after she looked the first time behind her, I was looking and I saw a car like way off. I don’t remember where it was. And when she stared running across the road, I remembered that car, and I didn’t know if it had passed us or not, so I turned around, like just automatically to check before I would start, and there was a white van right in front of me” (Orange dep.p.25)

18. Did not hear the brakes before impact. (Orange dep.p.27.)

19. E. states that she saw the van 3 seconds before impact and yelled for K. to stop. (E. Cline dep.p.20.)

20. E. states that she heard the brakes of the van and the horn before impact. (E. Cline dep.p.25.)

21. K. was crossing the road at an angle and looking over her right shoulder. (E. Cline dep.p.23.) .

22. The testimony is consistent in that the girls were running on the gravel portion of the road or shoulder. (Orange dep. p.28.)

23. Chip states the van was going 50-55mph. (Chip dep.p.11.) “The first one didn’t never looked back.” (Chip dep.p.11.)

24. Mr. Chip states that there was no horn or brakes applied. “Wasn’t , isn’t physically possible to, to have a reaction to do anything as close as it was.” (Chip dep.p.12.)

25. Mr. Chip observed the white van hit the brakes as the girls were coming near the road and as the girls turned to run along side of the road and the white van let off of the brakes at about the same time the girl darted out. (Chip dep.p.13.)