Family of Elkhart hit and run victims suing the city for damages

ELKHART, Ind.—The family of three people killed in an August 2017 hit and run is suing the City of Elkhart for damages.

The crash on August 26, 2017 killed 22-year-old Shawn Wolcott, 11-year-old Courtney Smith, and 8-month-old Dolly Smith. Dolly’s father, and Shawn and Courtney’s brother, Bradley Smith and his girlfriend, Allison Mikel, were also injured in the crash.

The lawsuit, filed on February 14, alleges that the City of Elkhart was negligent in failing to maintain the sidewalk adjacent to the intersection where the victims where hit, East Beardsley Avenue and Cassopolis Street.

According to the paperwork, the sidewalk jutted out into East Beardsley without any protection or warning.

The lawsuit also alleges that the City of Elkhart was careless and failed to provide signage in the area to warn people.

The two people who were charged in the case, Leonard and Penelope Grosswiler, are not mentioned in the lawsuit.

The Grosswilers were sentenced in December 2018 in connection with the hit and run.

Leonard Grosswiler was sentenced to 15 years in prison and three years of probation for three counts of leaving the scene of an accident resulting in death, two counts of leaving the scene of an accident with serious bodily injury, and one count obstruction of justice.

Penelope Grosswiler was sentenced to two and a half years in prison for her role in hiding evidence relating to the crash.