In a car accident claim, comparative fault means you can be held partially responsible for your own injuries if you... Continue Reading
Verdicts and Settlements
Plaintiff v. Multiple Defendants, Hancock Circuit Court – $250,000 Verdict
Represented Plaintiff in defamation matter. Multiple defendants utilized Facebook to assert that Plaintiff was a rapist and sexual predator. These Defendants then “shared” the posts spreading it around the Facebook world. Plaintiff’s employer learned of these comments and questioned Plaintiff. and his ability to continue in his chosen profession. Plaintiff was further questioned by his employer’s clients and there was a substantial diminishment in his reputation. After consideration of the evidence, the Court rendered a $250,000 verdict in favor of the Plaintiff as a joint and several judgment.
Skelton v. PTS Corporation, Monroe Circuit Court I – $420,000 Verdict
Represented Plaintiff in personal injury forklift accident. Plaintiff was a semi-truck driver and went to Defendant’s location to transport a load. While on location, Plaintiff utilized a forklift to “help” Defendant employees load his trailer. Whether a result of a malfunction or inability to operate this particular fork truck, the forklift would not stop and a crash ensued. Injuries and damages included severely fractured leg, inability to work remaining 10 years of work life expectancy, inability to utilize leg as fully functional and loss of quality of life. Verdict: 40% Plaintiff 60% Defendant. Total Damages $700,000 for a resulting Verdict of $420,000 to Plaintiff.
Blackburn v. Jury, Shelby Circuit Court – Defense Verdict
Represented Defendant in common fence dispute. Plaintiff claimed that a fence along the property line that Plaintiff used to enclose horses was a common boundary fence and that Defendant was required to split the cost of replacing the fence even though she did not want to do so. Court found that the fence was not a common boundary fence or that Defendant was required to contribute any funds toward replacing the fence.
Swallows v. Brown, Hancock Superior Court I – Defense Verdict
Represented Defendant in personal injury auto incident. Plaintiff, Defendant and two friends went to Indianapolis to the bars. Defendant was the “designated driver”. As Defendant pulled up to return Plaintiff to his vehicle, Plaintiff claimed that Defendant stopped and then pulled off in a hurry as Plaintiff exited the vehicle. Defendant claimed that Plaintiff exited a moving vehicle. Plaintiff broke both ankles. Verdict: 100% Plaintiff 0% Defendant – Defense Verdict.
Buchanan v. McClurg, Fayette Circuit Court – Defense Verdict
Represented Defendant in personal injury auto accident. Plaintiff claimed that Defendant rear ended her vehicle at 30 mph causing minimal vehicle damage. Defendant claimed that no impact occurred when Plaintiff “stopped short”. Plaintiff claimed back and neck injuries resulting in permanent disability. Plaintiff claimed approximately $13,000 in medical expenses and $207,000 in lost wages. Verdict: Defense Verdict (no allocation of fault on form).
Sherfick v. Balmer, Bartholomew Superior Court II – $1,367.60 Verdict
Represented Defendant in claim that an apple fell from Defendant’s tree and traversed onto Plaintiff’s property where she slipped and fell on apple. Plaintiff claimed that Defendant was negligent and maintained a nuisance condition on the property. Plaintiff broke her arm in the fall and claimed permanent disfigurement and lack of function ability. Plaintiff incurred approximately $6,000.00 in medical expenses and demanded $785,000 from the jury. Verdict: $1,367.60 verdict for Plaintiff.
Calvin v. All Seasons Insulation Co., Hendricks Superior Court I – Defense Verdict
Represented Defendant in claim of construction defects resulting in mold and structural issues against this and other contractors working on Plaintiff home. Plaintiff claimed multiple building code violations and negligent construction techniques resulted in mold growth in the home. Verdict: Defense verdict as to this Defendant. $15,000 as to general contractor for building code violations.
Simpson v. Sheets (taxi cab driver), Consolidated Taxi & Logue, Wayne Superior Court I – Defense Verdict
Represented Defendant Logue in auto accident where plaintiff, a passenger in a taxi cab, claimed injuries resulting when the taxi cab crossed the center line ahead of a “speeding” Defendant Logue who also admitted using his cell phone at the time of the accident. Plaintiff claimed back injuries with permanent impairment with medical expenses of approximately $8,700.00. Verdict: 100% Sheets 0% Logue 0% Plaintiff. Total Damages $142,037.88. Defense Verdict as to this Defendant.
Perry v. Meadows, Delaware Superior Court IV – Defense Verdict
Represented Defendant in claim of negligence for allowing Plaintiff to utilize Defendant’s trampoline. Adult Plaintiff was laying on trampoline and began to crawl off and Defendant existed the trampoline at the same time. Plaintiff knee cap subluxed (popped off) resulting in emergency medical treatment. Verdict: 52% Plaintiff 24% Husband Defendant 24% Wife Defendant. Defense Verdict.
Hughes v. Franklin, – Defendant, Franklin, Summary Judgment Upheld
Represented Defendant Franklin as a result of a wrongful death when, while attempting to load bulls, 3 bulls escaped Co-Defendant’s property. The Court of Appeals upheld the Trial Court’s decision to grant Summary Judgment as to Defendant Franklin who was hired solely to transport the bulls to the stockyard and did not assume a duty when he gratuitously aided Co-Defendant in his attempts to locate the bulls.
Rutan v. Elmore 861 N.E.2d 742 – Defendant Summary Judgment Upheld
Represented Defendant where Plaintiffs’ asserted that the use of lead based paint at leased premises caused personal injuries. Defendant Elmore was the previous owner of the premises and had no knowledge of the existence of lead based paint at the property. The Court concluded: “that [Defendant’s] non-existent relationship with the [Plaintiffs], any foreseeability of the harm at issue, and the public policy considerations against imposing a duty against a previous owner of a property who has no knowledge of a defect in that property weigh against imposing a duty.
$55,000 Confidential Settlement for medical malpractice against surgeon that cut wrong part of the body. The Medical Review Panel determined that the surgeon had met the standard of care; yet, when faced with a jury trial the surgeon and hospital settled the case. Approximately $18,000 in medical expenses to repair the surgeon’s mistake.
$15,000 Confidential Settlement for discrimination of a pregnant woman by termination from an educational program due to her pregnancy.
$90,000 Settlement as a result of a personal injury automobile accident where another driver pulled out of a parking lot and struck my client’s vehicle. Approximately $28,300 in medical expenses for soft tissue back injuries negotiated and reduced to approximately $19,000
$16,500 Confidential Settlement for defamation and Fair Credit Reporting Act violations where Defendant falsely reported alleged conviction on background check that was untrue. Defendant’s employer revoked offer of permanent employment and it took 2 months for Plaintiff to find alternate permanent employment.
$25,000 Settlement as a result of a wrongful death caused by a nursing home’s failure to follow its and government policies and procedures resulting in the nursing home’s failure to check on the patient for over 6 hours while the emergency indicator light was enacted. Plaintiff had no dependent next of kin and the case was limited to recovery of funeral expenses, an executor fee and attorney fees.
$15,000 Settlement as a result of a personal injury automobile accident where driver rear ended vehicle driven by minor’s parent. Minor Compromise approved by Court. Approximately $6,000 in chiropractic expenses for soft tissue back injuries.
$7,500 Settlement as a result of a personal injury automobile accident where driver turned out of gas station in front of oncoming vehicle. Approximately $2,000 in medical expenses for physical therapy in soft tissue back injuries.
$68,000 Settlement as a result of personal injury automobile accident where driver rear ended the rear of the injured client’s vehicle. $25,000 paid by driver’s insurance and $33,000 paid by underinsured motorist insurance. Medical expenses for soft tissue back injury including chiropractic treatment approximately $26,000. Subrogation Liens negotiated and reduced to approximately $16,000.
$100,000 Settlement as a result of personal injury motorcycle accident where driver failed to yield right of way to another driver. $25,000 paid by driver’s insurance and $75,000 by underinsured motorist insurance. Medical expenses approximately $14,000.
$100,000 Settlement as a result of a personal injury auto accident where driver fell asleep at the wheel rear ending another driver. Medical expenses approximately $43,000 from broken leg and back injury.
$6,000 Settlement as a result of a personal injury auto accident where driver was traveling at a high rate of speed and claimant made a right turn in front of driver. Medical expenses approximately $2,300.00.
$25,000 Settlement as a result of a syringe sewn into a blanket purchased at a retail store that scratched client as she entered bed the first night it was on the bed.
$6,250 Settlement as a result of a personal injury auto accident where driver failed to stop and ran a red light hitting another driver. Medical expenses of $1,450.00
$50,000 Settlement as a result of a son unduly influencing his elderly ill father to title ownership of family property to the son without providing for other family members.
$4,250 Settlement as a result of a personal injury auto accident where driver rear ended another driver at a stop sign. Medical expenses of $1,125.00
$3,000 Settlement as a result of an insurance company denying a claim resulting from a burglary and damage to the furnace coil of home that required replacement.
$2,500 Settlement as a result of a personal injury auto accident where driver rear ended another driver at a stop sign. Chiropractic expenses of $855.00
$25,000 Settlement as a result of an elderly client that slipped on ice entering a hair salon where snow and ice remained on steps. Client was unable to return home and became confined to nursing home a year or two earlier than family expected.
Successful representation of personal injury plaintiffs in pre- and in-litigation legal matters resolved through prosperous settlements, focused on maximum recovery for clients and client satisfaction in outcome, performance and representation, through informal negotiations, mediations and federal settlement conferences, and, when necessary, through bench and jury trials or defending verdicts/rulings on appeal to intermediate and supreme appellate courts.
Jury and bench trial advocacy as first chair concluding in highly successful outcomes on client matters including multiple $100,000+ plaintiff’s verdicts and settlements, 23 of 24 civil jury trial defense verdicts and criminal jury trials resulting in acquittals of defendant in 11 of 12 criminal counts. Litigation experience includes discovery depositions of litigation parties, discovery and trial depositions of treating medical providers, independent medical exam doctors proffered for plaintiff and defense, accident reconstruction for speed, site line, distance and causation testimony and medical malpractice standard of care reviews.
Uninsured and underinsured motorist client advocacy representing claimants and insurance companies in injury and damages claims permitted by the terms and conditions of applicable insurance policy coverage including Exams Under Oath, failure to cooperate matters, insurance company bad faith in adjusting claim(s), pre- and in-litigation actions, single and three-member arbitration panels, enforcement of awards/verdicts in post-award/judgment proceedings and appellate advocacy.
Malpractice Review Panel matter successes including settlements before convening panel, avoidance of panel review process to proceed in litigation, eleven (11) out of twelve (12) panel decisions, after briefing and submissions, finding in my client’s favor on issues of alleged negligence, substandard care and/or damages associated from care by medical provider during last several years.
Draft, file, and argue motions, briefs, opinions and memorandums in support and in opposition of Motions to Dismiss, Motions for Summary Judgment, Motions In Limine, all forms of pre-trial and post-trial Motions, and defend/seek review of the trial court rulings in Appeals and Transfer Petitions.
Real Estate sales and leases applying advanced communication skills and legal knowledge to strategically negotiate between sellers, buyers and lenders to establish and resolve liens, manage expectations and protect client’s interests in transactions including tactically advocating for sale of home(s) below mortgage interest value with resolution of lien(s) and any deficiency balance. Proficiently handled every phase of representation through Closing.
Company transactions including asset purchase agreements, vendor agreements, purchase and sale contracts, franchise agreements, employment agreements/handbooks, human resources, covenants not to compete, corporate resolutions, corporate claims and collections.
Agency and Brokerage launching assistance including contracts and agreements, compensation evaluation and offers, employee/contractor designation planning, program implementation and insurance/risk management.
Federal and State agency representation including license applications, license proceedings, business and license reporting requirements, fiduciary reporting and proceedings and shareholder communications.
Agreement negotiations, presentations and executions for massive underground pipeline project requiring federal, state, local and municipal government approval ultimately culminating in endorsement of Four Billion Dollar ($4,000,000.00) project.
Instrumental as corporate counsel to a trucking company growing its gross income from Seven Million Dollars ($7,000,000) annually to over Thirty Million Dollars ($30,000,000) annually during a nine (9) year period culminating in the sale of this company to a larger entity for a significant multiple of this increased income level.
Successful wind-up and dissolution of partnerships, corporations and limited liability companies using advanced business and legal knowledge to negotiate between creditors and asset holders satisfying account obligations, obtaining release of claims, liens and UCC filings and owner distributions.
Support multiple business relation dissolutions permitting continued operations utilizing advanced knowledge of business and legal ramifications of dissolution, release of divestiture’s obligations and payment from ongoing business operations.
Bankruptcy discharges managing all phases of bankruptcy proceedings, communicate and negotiate with Trustees and Creditors and defense of adversary proceedings.
Built relationships with large corporations, small businesses, and individuals, including defense and resolution of self-insured retention personal injury claims within budget and authority utilizing motion practice, written discovery, depositions, trial motions and advocacy to identify, report, evaluate and resolve claims and lawsuits.
Declaratory Judgment actions and coverage opinions for determination of coverage afforded to insureds pursuant to insurance policy terms and conditions and revocation of coverage for fraudulent application statements. Interpleader filings and negotiations related to multiple stakeholder’s interests.
Passed Indiana Bar Examination, on first attempt, in July, 2002, with admission to practicing roll of attorneys in the State of Indiana, Southern District of Indiana Federal Court, Northern District of Indiana Federal Court, Southern District of Indiana Federal Bankruptcy Court and Northern District of Indiana Federal Bankruptcy Court on October 28, 2002. Admission, pro hac vice, in other states.