James P. Scheidler

The Indiana Supreme Court affirmed the Monroe County Circuit Court’s dismissal of a negligence lawsuit against our construction company client.

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.

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 negligence claim brought by a Plaintiff who asserted she slipped and fell on a hazardous liquid substance at client’s convenience store.

Arbitration defense of tenant- landlord alleging uninhabitable living conditions

Defense negligence claim brought by a Plaintiff who asserted that he sustained injuries while working as an agricultural employee for client. Plaintiff entered into settlement agreement with clients prior to lawsuit being filed which Court found enforceable to preclude claims from being pursued as a matter of law.

Defense negligence claim brought by a Plaintiff who asserted that he received foodborne illness while dining at client’s establishment. 

Defense negligence claim brought by a Plaintiff who asserted that she sustained an electrical shock while occupying a fair ride operated by client.

Plaintiff asserted claims against economic development organization and individual board members that included: 1) tortious interference with a business relationship; 2) tortious interference with a contract; 3) fraud; 4) tortious interference with contract and/or business expectancy.  

Defense of negligence claim brought by a Plaintiff who asserted that she tripped and fell while walking into a restaurant.