Nick is a shareholder with nearly 15 years of experience representing defendants in complex civil litigation, practicing primarily in Reminger’s Indianapolis office. His broad legal practice encompasses professional liability and licensing, including legal, dental, pharmacy, and medical malpractice defense, employment, product liability, municipal defense, trucking liability defense, and appellate advocacy. Nick possesses extensive trial experience, having tried cases involving several medical disciplines as well as general liability and transportation risks.
Nick serves as National Coordinating Counsel for a Fortune 10 Company. He has managed all phases of a variety of complex litigation in both state and federal courts. He has appeared on a pro hac basis to try cases in Montana, New Jersey, and Oklahoma. He has assisted in other jurisdictions including Texas, Florida, Missouri, Georgia, Utah, Massachusetts, Nevada, New York, New Mexico, California, and South Carolina.
Nick is a Fellow of the Litigation Counsel of America and serves as member of the Reminger's management committee. For eight consecutive years (2014 through 2021), Nick has been recognized as a “Rising Star” by Indiana Super Lawyers Magazine, a recognition given to less than 2.5% of lawyers in the State of Indiana.
Dismissal without payment of a paraplegia case against a national construction company based upon attempted claim splitting.
Resolution of a multiple million-dollar legal malpractice case for approximately 10% of the initial demand.
Summary Judgment for a National Hardware Store in premises liability case alleging defective condition.
Summary Judgment for a nurse practitioner in a medical malpractice case.
Summary Judgment for hospital based upon failure to comply with the Medical Malpractice Act.
Successfully resolved a claimed 10-million-dollar legal malpractice claim involving a default judgment on liability discovery sanction without suit being filed.
Obtained a dismissal of a legal malpractice claim within a month and half of assignment.
Obtained summary judgment for an insurance agent in a $500,000 life insurance malpractice case.
Obtained summary judgment in favor of a physician alleged to have been deliberately indifferent to a prisoner’s medical care.
Successful resolution of a double fatality caused by a medical delivery driver without suit being filed.
Argued in front of the Indiana Court of Appeals to affirm a 2017 direct verdict in a medical malpractice trial.
Successfully defended a demanded $16,000,000 invasion of privacy case on behalf of a pharmacy through dismissal and appeal.
Obtained a dismissal in a multi-million-dollar construction accident case without payment.
Successfully defended through dismissal and appeal a demanded $800,000 loss by a developer against an economic development commission and its directors and officers.
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.
Obtained summary judgment for a pipeline company after its employee was involved in a motor vehicle accident and the court found the employee was outside the course and scope of employment because he was on his way to work.
Obtained summary judgment for a metal company for alleged breach of warranty from the sale of metal products used during a major commercial construction project.
Defended without payment an alleged legal malpractice claim involving the preparation of a $5,000,000 stock purchase agreement.
Obtained seven favorable rulings by medical review panels involving a variety of medical specialties, including orthopedics, infectious disease, emergency medicine, nursing, and hospitalist care.
Obtained summary judgment on behalf of a real estate agent for alleged fraud.
Obtained summary judgment for a hospital because of an injury to a restrained patient.
Represented a dentist before the Dental Licensing Board without further investigation.
Obtained summary judgment on behalf of an orthopedic surgeon involving shoulder surgery.
Obtained summary judgment on behalf of a bank for a slip-and-fall that occurred at a property they had foreclosed upon.
Obtained dismissal of an insurance agent malpractice case without payment.
Resolved a demanded $8,000,000 child-wrongful death and adult injury claim for a major automotive dealer within 15 months of filing and for less than six-figures.
Resolved a demanded $10,000,000 catastrophic adult TBI injury case for a national construction company within 16 months of the case being transferred from another law firm and within the primary coverage amount.
Resolved a demanded $8,000,000 trucking accident case for a national carrier involving three minor children for nearly $1,000,000 less than the pre-suit settlement authority.
Obtained dismissal of a child-wrongful death case for a hospital within 90 days of assignment.
Obtained directed verdict for a hospital and pediatrician in a malpractice case alleging blindness, cerebral palsy and other injuries due to hyperbilirubinemia after eight days of trial.
Obtained dismissal without payment on three different insurance agent malpractice cases.
Resolved a demanded $10,000,000 catastrophic multi-vehicle collision for a trucking company within policy limits.
Obtained a dismissal without payment of a faucet product liability case after filing summary judgment.
Obtained summary judgment on behalf of a long-term care facility for a slip and fall by a patient’s guest.
Represented an OB/GYN before the Medical Licensing Board without further investigation.
Honors & Recognitions
Litigation Counsel of America
Recognized as a Rising Star by Indiana Super Lawyers Magazine from 2014 to present.
Community & Professional
Indiana Bar Association
Indianapolis Bar Association
Defense Trial Counsel of Indiana
Defense Research Institute
Indiana Society for Healthcare Risk Management
Member, Trial Law Institute
Member, Diversity Law Institute
- Jan 15, 2021, Summary Judgment in favor of DefendantLake Superior Court Hammond, Indiana
Summary judgment for Defendant following Plaintiff’s failure to timely respond to Requests for Admission regarding liability defenses in accident involving police cruiser.
- Mar 25, 2020, Plaintiff VerdictU.S. District Court for the Southern District of Indiana
Prosecution of premises liability claim against the U.S. government, resulting in nearly $900,000 award for damages.
- Aug 8, 2019, Denial of Petition to TransferIndiana Supreme Court
Marigold Overshiner and Earl Overshiner, Individually and as Parents and Guardians of their Minor Daughter, Kaitlyn Overshiner, and Kaitlyn Overshiner, v. Hendricks Regional Health and Ian Johnston, M.D
Indiana Supreme Court denied transfer upholding the decision by the Court of Appeals affirming a directed verdict in favor of defendant hospital and physician following a jury trial alleging blindness to an infant.
- Jun 14, 2019, Summary Judgment GrantedShelby Superior Court
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.
- Feb 21, 2019, Directed Verdict AffirmedIndiana Court of Appeals
Marigold Overshiner and Earl Overshiner, Individually and as Parents and Guardians of their Minor Daughter, Kaitlyn Overshiner, and Kaitlyn Overshiner, v. Hendricks Regional Health and Ian Johnston, M.D.
Indiana Court of Appeals affirmed judgment in favor of the defendant hospital and physician following a jury trial alleging blindness to an infant.
- Dec 6, 2017, Directed verdict for the defendantsPutnam County Circuit Court
Medical malpractice case alleging blindness, cerebral palsy and other injuries due to hyperbilirubinemia.
- Nov 18, 2016, Plaintiff VerdictMonroe County
Dental malpractice case alleging a dislocated jaw during tooth extractions
- Jan 6, 2016, Complaint dismissedState of Indiana
Defense of Orthopedic Practice by medical board investigation for failure to provide emergency orthopedic care
- Dec 23, 2015, Complaint dismissedMarion County, IN
Defense of alleged negligent psychiatric care case
- Nov 2, 2015, Complaint dismissedPorter County, IN
Defense of medical malpractice case involving multiple hospital falls
- Sep 28, 2015, Complaint dismissedShelby County, IN
Defense of product liability claim
- Aug 11, 2015, Complaint dismissedLake County, Indiana
Defense of negligent servicing claim
- Jul 29, 2015Marion County, IN
Defense of medical malpractice claim alleging urethral tear during cystoscopy.
- Jul 13, 2015, Motion to Dismiss GrantedHendricks County, Indiana
Defense of medical malpractice case involving alleged traumatic brain injury as a result of an anaphylactic reaction during a colonoscopy.
- Feb 24, 2015Grant County, Indiana
Defense of medical malpractice wrongful death case involving stillborn infant during caesarian delivery.
- Feb 13, 2015Hamilton Cty., IN
Arbitration defense of dental liability.
- Paul Lefebvre, v. Defendant Hospital, et al.Nov 2014Putnam County Superior Court, Greencastle, Indiana
Plaintiff alleged hospital negligently failed to have a policy or procedure for treating patients with acute chest pain causing plaintiff to have a myocardial infarction while awaiting transfer to another hospital
- Melody & George Spaulding, v. Defendant Internist, et al.Oct 2014Fulton County Circuit Court Rochester, Indiana
Plaintiff alleged family practice physician negligently prescribed Augmentin to a patient with a penicillin allergy allegedly causing hypoxic ischemic encephalopathy and short-term memory loss. Jury Demand: $800,000.
- Nov 2013Lake Superior Court Crown Point, Indiana
Plaintiff alleged neurosurgeon negligently performed a cervical discectomy and posterior laminectomy causing permanent paralysis and eventual leg amputation. Jury Demand: $2,500,000.
- Svetlana Kuzmanovic v. Defendant EndodontistFeb 2013Lake County Superior Court Crown Point, Indiana
Plaintiff alleged endodontist negligently drilled hole in the incorrect tooth causing damage to a pre-existing bridge and requiring significant reconstruction.
- Cheri Westra v. Defendant Maxillofacial ProstodontistSep 2012Porter County Superior Court Valparaiso, Indiana
Plaintiff alleged prostodontist negligently created her dentures and refused to refund her money.
- Rendina v. Defendant Endocrinologist, et al.Aug 2012Lake Superior Court East Chicago, Indiana
Defense of endocrinology practice for a prescription error
- Julianna Bodner v. Defendant Law Firm, et al.Apr 2012Lake County Superior Court Gary, Indiana
Defense of legal malpractice claim for failing to timely file a complaint arising out of an automobile collision, causing property damage and bodily injury
- Alice Cruz v. Defendant Orthopedic Surgeon, et al.Nov 2011, Plaintiff VerdictLake County Superior Court Gary, Indiana
Plaintiff alleged defendant orthopaedic practice’s x-ray technologist breached the standard of care in her assessment of patient who fell during a standing x-ray and suffered catastrophic injuries.
- Carr Development Group, LLC v. Defendant Law Firm, et al.Sep 2011Kosciusko Superior Court Warsaw, Indiana
Defense of legal malpractice claim for failing to obtain approval of a sewer cost-recapture agreement, causing $300,000 in damages
- Sandra Shrader v. Defendant Urologist, et al.May 28, 2011Lake County Superior Court Crown Point, Indiana
Plaintiff alleged defendant urologist breached the standard of care during a kidney stone removal procedure that resulted in a perforated ureter.
- Joseph Brewster v. Defendant Law Firm, et al.Apr 2011, Motion to Dismiss GrantedMadison County Superior Court Anderson, Indiana
Defense of legal malpractice claim for failing to properly represent plaintiff in an estate, trust, real property and lease matter
- Lorenzo Borders v. Defendant Judge, et al.Mar 2011, Denial of TransferIndiana Supreme Court
Defense of legal malpractice and false arrest/false imprisonment claim dismissed and ruled frivolous by the trial court. The plaintiff appealed, and on June 16, 2010, the Indiana Court of Appeals affirmed the dismissal, including the trial court’s findings that the complaint was frivolous. The Indiana Supreme Court then denied transfer on March 29, 2011.
- Patricia Dixon-Darden v. Municipal Corporation, et al.Feb 2011Lake County Superior Court, East Chicago, Indiana
Plaintiff alleged the defendants negligently maintained a sidewalk causing her to fall and suffer significant injuries.
- Gateway Arthur d/b/a The Village Shopping Center v. Utility CompanyJan 2011Lake County Superior Court Gary, Indiana
Plaintiff alleged utility company was responsible for interruption in service and cost to install new conduit and other electrical fixtures for utility service at The Village Shopping Center.
- Indiana Disciplinary Commission v. Defendant AttorneyJan 2011, Attorney Grievance DismissedIndiana Disciplinary Commission
Defense of grievance for alleged improper distribution of an estate.
- Sandra Bruce v. Defendant Internist, et al.Jan 2011Lake County Superior Court Gary, Indiana
Defense of medical malpractice claim for alleged prescription caused death
- Indiana Disciplinary Commission v. Defendant AttorneyOct 16, 2010, Attorney Grievance DismissedIndiana Disciplinary Commission
Defense of grievance filed for alleged failure to comply with the applicable rules of professional conduct.
- Attorney General/Indiana Professional Licensing Agency v. Defendant NeonatologistJul 2010
Defense of licensing complaint filed by agency for failure to report settlement.
- Nancy Spebar v. Defendant Municipal Corporation, et al.Jul 2010, Summary Judgment GrantedUnited States District Court for the Northern District of Indiana
Defense of federal claim against City and police officer for alleged authorized entry into a home without a warrant in search of a missing boy; and for injuries to the plaintiff.
- William Martin v. Defendant Radiologist, et al.Jul 2010, Summary Judgment GrantedLaPorte Superior Court LaPorte, Indiana
Defense of medical malpractice claim for alleged failure to diagnose pancreatic cancer.
- Medical Group v. Robert Cornwell, M.D.Jun 2010Lake Superior Court Hammond, Indiana
Prosecution of a breach of contract claim on behalf of a medical group against former employee after he breached his employment contract, in part by using the group’s funds for personal expenditures.
- James Sumrall v. Defendant DentistDec 2009Lake County Superior Court Crown Point, Indiana
Plaintiff alleged that defendant dentist breached the standard of care during his restorations of carious lesions.
- Frances Pantano v. Defendant Neurologist, et al.Oct 2009, Dismissed at pre-trial conferenceLake County Superior Court Crown Point, Indiana
Plaintiff alleged neurologist breached the standard of care during her treatment.
- Scott and Rhonda Smith v. Defendant DentistMay 2009Lake County Superior Court Crown Point, Indiana
Plaintiff alleged dentist breached the standard of care during his dental treatment of the plaintiffs.
- Connie Powell v. Defendant Family Practice Physician, et al.Jan 2009Lake County Superior Court Crown Point, Indiana
Plaintiff alleged that the defendants breached the standard of care in treating her fractured left arm.
- Rhonda, Arden and Steven Smith v. Defendant DentistJan 2009Lake County Superior Court Crown Point, Indiana
Plaintiff alleged that defendant dentist breached the standard of care during his dental treatment of the plaintiffs.
- Sarah Smith-Olson v. Defendant OrthodontistJan 28, 2009Lake County Superior Court Crown Point, Indiana
Plaintiff alleged that defendant Orthodontist breached the standard of care by leaving a deciduous tooth in place.
- Thomas Dykiel v. Defendant Plastic Surgeon, et al.Jan 2009, Dismissed at trialLake County Superior Court Crown Point, Indiana
Plaintiff alleged that plastic surgeon wrongfully withheld a patient’s insurance funds.
- Barbara Pettenio v. Defendant GastroenterologistAug 28, 2008Lake County Superior Court Crown Point, Indiana
Plaintiff alleged that defendant gastroenterologist breached the standard of care in failing to appropriately perform an endoscopy.
- Feb 25, 2021
- Press Release, Feb 14, 2020
- Press Release, Mar 19, 2019
- Press Release, Jan 31, 2019
- Feb 20, 2018
- Press Release, Feb 16, 2017
- AMBestTV, Oct 29, 2016
- Logan C. Hughes and Nicholas G. Brunette Selected as 2016 “Rising Stars” by Indiana Super Lawyers MagazinePress Release, Feb 12, 2016
- Press Release, Sep 30, 2015
- Press Release, Feb 13, 2015
- Press Release, Feb 2, 2015
- Press Release, Jan 19, 2015
- May 13, 2021
- Feb 24, 2021
- Webinar, Dec 15, 2020
- Webinar, Sep 25, 2020
- Mar 5, 2020
- Effective Investigations and StrategiesPonte Vedra Beach, FL, Feb 27, 2020
- Successfully Battling the Reptile: Identifying and Responding to Reptile IssuesKansas City, MO, Mar 22, 2019
- A Guide for Investigating, Evaluating and Negotiating ClaimsMerrill, WI, Jun 21, 2018
- Nuances in the Application of Common Premises Liability Rules by Ohio, Indiana, KentuckyNewtown, PA, Aug 11, 2017
- Catastrophic Damages in a Depressed EconomyBoston, MA, Nov 2, 2016
- Wrongful Death TrinitySchaumburg, IL, Dec 4, 2015
- Indiana Wrongful Death NuancesZurich Major Case Unit, Schaumburg, IL, Dec 4, 2015
- Legal Professional Liability Newsletter, Fall 2019, Oct 2019
- Feb 22, 2021
- Nov 30, 2020
- Revise Your Arbitration Agreements Now To Ensure Disputes Are Subject to the Indiana Medical Malpractice ActSep 17, 2020
- Indiana Law Firm’s Failure to File Tort Claim Notice Did Not Proximately Cause Its Client a Lost Opportunity to Settle with Public EntitiesJan 17, 2020
- Jan 17, 2020
- Objective Foreseeability: Indiana Continues to Broaden the Foreseeability Analysis in Premises Liability CasesJul 26, 2017
- The Indiana Supreme Court Finds a Non-Delegable Duty of Worksite Safety Created in Form Design-Build Contracts Between the Owner and General ContractorMay 16, 2017
- Anything Goes: Indiana Supreme Court Holds Malpractice Claimants Not Limited to Theories Presented to Medical Review PanelMay 10, 2017
- Oct 11, 2016
- Indiana Court of Appeals Finds that Post-Accident Reports Do Not Constitute Subsequent Remedial MeasuresAug 23, 2016
- Sep 15, 2015
- Jun 9, 2015
- An Employer May Have An Obligation To Offer An Accommodation To A Job Applicant Even If The Applicant Does Not Ask For The AccommodationJun 2, 2015
- Sixth Circuit Holds That Attendance Is A Job Requirement And Rejects EEOC's Demand For Telework As ADA AccommodationMay 18, 2015
- Apr 6, 2015
- Intentional Intrusions Of Patient-Privacy May Be Pursued Under A Theory Of General Medical Negligence In IndianaApr 1, 2015
- Mar 18, 2015
- Mar 9, 2015
- Mar 4, 2015
- Judicial Externship for the Honorable Patrick L. McCarty, Marion County Civil Division DO3
J.D., Indiana University School of Law, 2007
B.A., Northern Michigan University, cum laude, 2004
- State of Indiana, 2007
- U.S. District Court, Northern District of Indiana, 2007
- U.S. District Court, Southern District of Indiana, 2007
- U.S. Court of Appeals, Seventh Circuit, 2010