Alex M. Beeman

In October 2022, partial summary judgment was affirmed in a matter involving a negligence action against our client (a general contractor), stemming from the severe job-site injuries sustained by another contractor’s employee. Both the trial court and the Indiana Court of Appeals found that our client did not, pursuant to its contract with the project owner, assume a duty of care to ensure the workplace safety of the project owner’s other contractors/sub-contractors or their employees.

In March 2023, the Indiana Supreme Court denied the plaintiff’s petition to transfer. The Supreme Court’s denial established that there was no merit to further review of the case because the Court of Appeals’ correctly decided it. This case established precedent for the entire state.

Plaintiff alleged that our optometrist client violated the Eighth Amendment to the United States Constitution. Plaintiff has a presumptive diagnosis of Spinocerebellar Ataxia Type 7 or “SCA7”, a serious inherited disease involving the degeneration of the central nervous system, for which there is no cure or meaningful treatment to stop the delay and progression of the disease.  Plaintiff argued that our client was deliberately indifferent for the incorrect eyewear prescriptions and for failing to have him genetically tested or treated for SCA7.

An inmate incarcerated in federal prison in Terre Haute, Indiana accused a contract optometrist of being deliberately indifferent to his serious medical needs when he did not rule out stroke when the inmate presented to the optometrist with sudden vision loss and also did not refer him to the hospital. The inmate later suffered a stroke and accompanying damages. The trial dismissed the inmate's case on a Rule 12 motion by finding that a federal, Bivens action cannot be brought against a private entity or individual, even if it is a federal medical services contractor.

Partial summary judgment was affirmed in a matter involving a negligence action against our client (a general contractor), stemming from the severe job-site injuries sustained by another contractor’s employee. Both the trial court and the Indiana Court of Appeals found that our client did not, pursuant to its contract with the project owner, assume a duty of care to ensure the workplace safety of the project owner’s other contractors/sub-contractors or their employees.

Defense of governmental liability claim for denial of zoning permits and civil rights violations.

Defense of correctional food service provider on claims that they violated the First and Eighth Amendment Rights by placing a substantial burden on inmate's religious practice by refusing to give him a vegan diet and created unconstitutional conditions of confinement by serving him an inadequately nutritious diet.

After obtaining summary judgment that a nurse was not deliberately indifferent to a prisoner’s serious medical needs for violating hospital policy regarding discharge after surgery, the judgement was affirmed on appeal.

Successfully obtained summary judgment on behalf of jail doctor who was alleged to have been deliberately indifferent to an inmates serious medical needs by refusing to prescribe him a specific type of nerve medication as well as a desired pain medication.

Successfully obtained summary judgment for contractor of federal prison where she was alleged to have refused emergency care to an inmate based on lack of cause of action under Bivens or otherwise to assert the same.

After obtaining dismissal of negligent claims against an insurance agent/broker of disability insurance based contributory negligence pursuant to choice of law and statute of limitations, the judgment was affirmed on appeal after oral argument.

Successfully obtained partial summary judgment on “no pay, no play” statute establishing that the plaintiff is only entitled to economic damages arising out of a motor vehicle accident.

Successfully obtained summary judgment for life insurance agency for failing to procure and maintain life insurance for the plaintiff’s deceased husband based on the expiration of the statute of limitations.

Obtained summary judgment on behalf of nurse who was alleged to have been deliberately indifferent to a prisoner’s serious medical needs for violating hospital policy regarding discharge after surgery.

Obtained reversal of trial court’s order denying a motion for leave to file a belated motion to correct error after the intended movant was never given notice of the final dissolution decree. This case was done pro bono.

Defense of claim alleging negligence to properly maintain sidewalks and warn plaintiff of a dangerous condition.

After obtaining summary judgment on the issue of duty regarding a delivery truck driver for a contractor who alleged the insured negligently packed the cart to be delivered to its store, the judgment was unanimously affirmed on appeal after oral argument.

Injured worker appealed negative award that she take nothing away from her application for benefits on the basis that her injuries did not arise out of or were incurred within the course of employment to the 7 members of the Indiana Worker’s Compensation Board.

Obtained summary judgment on behalf of urologist for who was allegedly deliberately indifferent to a prisoner’s serious medical needs in treating kidney stones on the basis that he was not a state actor acting under the color of law to be liable under Section 1983.

Obtained summary judgment on the issue of duty owed by the insured to a delivery truck driver who alleged the carts he was ordered to deliver were negligently packed.

Successfully obtained summary judgment on behalf of an insurance brokerage firm facing claims that they failed to procure, advise, and were otherwise negligent regarding a stop-loss insurance and laser policy for a governmental entity.

Successfully obtained partial summary judgment on a claim for bailment that a truck servicing center should be liable for tools and equipment that were stolen out of a locked truck on which they had just completed warranty servicing.