Elkhart County In a rare move, an Amish family is going to court in search of justice for their baby.
On July 9 2012, 7 month old Jaedon Schlabach was killed in a buggy crash that injured his mother and two sisters.
According to our reporting partners at the Elkhart Truth, originally, police reports said that Schlabach's horse and buggy, turned in front of a semi on State Road 120, in an S-curve about three miles north of Shipshewana.
The curve is clearly marked with no passing signs.
After the accident was reconstructed, it was determined that the semi was passing the buggy and clipped it causing it to overturn.
Since then, the LaGrange County prosecutor's office filed a misdemeanor criminal recklessness charge against the truck driver, 68 year old Jerry Hendrick.
Hendrick has filed an initial plea of not guilty and requested a jury trial. The charges are still pending.
The trucking company has refused to compensate the Amish family for the medical expenses.
Filing lawsuits is extremely rare in the Amish community because it goes against their religious beliefs. The family could risk being put out of their church.