Mistrial declared in Vigo civil suit involving Worthington log truck driver

TERRE HAUTE -- A mistrial was declared Wednesday in a civil jury trial in Terre Haute in a wrongful death suit that involves a fatal 2007 log truck wreck.

The log truck was driven by a Richard H. Fulk, 60, of Worthington.

Testimony began Tuesday in the suit filed over the November 2007 death of a Prairie Creek couple Max and Joyce Strain.

A seven-person jury was picked on Tuesday morning in Vigo Superior Court Division 2, with Special Judge Sam A. Swaim of Parke County presiding.

However, on Wednesday morning a mistrial was declared before the second day of testimony began because Fulk is facing two felony charges in connection with the couple's death in the crash, according to a published report in the Terre Haute Tribune-Star.

Joe Abernathy, the attorney for the log hauling company, had requested the mistral because of the pending criminal allegations.

The jury was dismissed.

The judge's decision will delay the civil case until after the criminal case goes to trial on Dec. 7 in Vigo Superior Court Division 6.

Fulk faces also two criminal counts of reckless homicide -- both class C felonies -- that were filed in April 2008.

If convicted of a class-C felony, a sentence of two to eight years could be imposed and a fine up to $10,000 on each count.

The Strains died when their Ford pickup collided with a log truck that overturned on Indiana 63 in a sharp curve about 1,000 feet south of Harlan Drive near New Harmony Cemetery.

The Strains were southbound when the log truck driven by Fulk flipped in the curve and the load of logs were lost on the roadway. Several logs from the semi struck the Strains' vehicle, killing them instantly, according to a published report in the Terre Haute Tribune-Star.

The suit was originally filed in December 2008 against Sullivan-based Blann and Son LLC, the trucking company contracted to haul the logs; McCammon Logging Inc., and truck driver Fulk.

According to a crash report from the Indiana State Police, the suggested speed for the 90-degree curve was 35 mph. The speed limit was marked at the scene by a diamond-shaped information sign.

A story in the Terre Haute Tribune-Star shortly after Fulk's arrest stated that the truck driver had told police he thought he had been traveling between 50 and 55 mph on the curve and felt something shift after applying the brakes, according to court documents.

Fulk gave a deposition about the accident to authorities in February 2008, a few months before the criminal charges against him were filed.