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Parents, state reach settlement in southern Indiana deadly car accident

SCOTTSBURG, IN (WAVE) - The parents of two southern Indiana teenagers who were killed in a car crash nearly four years ago have reached a settlement with the state.

There were still witnesses to be called to the stand Wednesday afternoon, but the trial was suddenly stopped during the lunch hour after a decision - a settlement - had been reached.

"It's been exhausting; it's just been a roller coaster going through all of it," said Dina Burke, Cory Emerson's mother.

Another twist came Wednesday afternoon, when the state approached the victims' families with a settlement offer before the trial event went to the jury for a verdict.

"Nothing will bring back our children, however the families and INDOT (Indiana Department of Transportation) have reached a mutual agreement to benefit the community," said Tess Brunmeier, Tim Brunmeier's mother.

Only WAVE 3 was there, as the families walked in after lunch.  Moments later, Scott Circuit Court Judge Roger Duvall would stop the case in its tracks and accept a settlement that includes changes the families had originally asked for at this intersection of Indiana 356 and U.S. 31 in Scott County.

"INDOT has committed to adding signal flashers on US 31 that comply with the best and most applicable engineering practices," Brunmeier said.

The families have been pushing for the changes ever since the 2007 crash that killed friends Emerson and Brunmeier, along with a German exchange student. All along they've blamed the state for confusion at that intersection and not the driver who was actually going under the speed limit.

"This has been a long journey for our families," Burke said.

For Dina Burke, it's a bittersweet ending. She stands with her family, clutching her son's photo, only wishing that the good didn't have to come with the bad.

"It's a relief; we still don't have Cory with us but at least something good has come out of it," Burke said.

Before the end of the year, the flashers will go at the intersection - joining the three crosses there that will keep the memories of these victims alive.

"Definitely a sense of closure and something good coming out of something horrible," Burke said.

There was a financial component to the settlement, but those details are not being made available citing the confidential settlement. The family did say a major chunk of any money they would receive would go to a scholarship.

In accepting the agreement, Judge Duvall said he appreciated the counsel and parents demeanor during proceedings and said the deal is, "something both the State of Indiana and the parents can live with."

Robert Mattingly, the lead attorney for plaintiffs, told WAVE News it would take about a week for the final settlement paperwork to be filed with the court. We will know the specifics of the deal once that paperwork is filed.

Copyright 2011 WAVE News. All rights reserved.

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