Results

Long term care litigation addressing applicability of voluntary arbitration agreement.

We represented a family practice physician. Plaintiffs alleged that our client failed to obtain urinalysis and MRI of the cervical neck in a patient with severe neck pain and hypertension. Plaintiff claimed this delayed diagnosis of her multiple myeloma, causing a C5 fracture and permanent spinal cord damage, multiple spine surgeries and permanent bowel and bladder incontinence. Plaintiff also claimed she is permanently confined to a wheelchair. Jury returned a unanimous verdict on favor of our client on standard of care.

Defense of a nursing home when plaintiff appealed adverse trial court order enforcing arbitration.

Holding that an action based upon a charging lien was an in rem proceeding against a particular fund and that when a matter was resolved through a settlement, the fund came into being at the time the settlement was paid and the release was received.

Affirming judgment of trial court granting summary judgment in favor of defendant medical provider on plaintiff’s claims for lack of informed consent and medical battery.

Defense of apartment complex premises liability claim.

Defense of breach of contract claim against mass merchandiser.

Defense of police chief and captain against Fourteenth Amendment claim that the police department failed to adequately investigate the circumstances of the death of Plaintiff’s family member. 

Defense of board of education and individual coaches against claims of negligence related to injury during track and field practice 

Medical malpractice wrongful death claim involving death of a 44-year-old woman from a liver abscess following an appendectomy.

Dr. Kirk Halliday v. The Board of Directors of the Mental Health and Recovery Board

of Erie and Ottawa Counties, et al.

Plaintiff appealed adverse trial court judgment in defamation claim

Plaintiff alleged negligence against our client after she fell on a gravel sidewalk.

Defense of plastic surgeon in case alleging failure to appropriately perform breast reconstruction, resulting in multiple further surgeries

The Court found that the condition  (a box) was open and obvious and as such, defendant had no duty to warn related to it. The Court also briefly discussed the lack of notice as additional grounds to support summary judgment. 

Defense of pharmacy at small claims trial resulting in dismissal of the claims 

Claimant was seeking permanent income and medical benefits following a work-related lumbar strain and eventual lumbar fusion.  Through diligent investigation into the claimant’s intervening activities, including a subsequent lumbar injury with another employer, defense counsel limited the award to temporary income and medical benefits already paid, avoiding liability for the fusion surgery and related impairment.

Defense of slip and fall case against restaurant in small claims court alleging negligence in snow and ice removal.

Medical malpractice litigation addressing application of statute of limitations in foreign body claim.

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

Arbitration defense of hospitality discrimination claim

Defense of orthopedic medical malpractice claim

Arbitration defense of tenant- landlord alleging uninhabitable living conditions

Defense of wrongful death of 21 year old mother medical malpractice claim

Obtained summary judgment on behalf of insurance agency defending claims of negligent failure to write appropriate insurance.

Defense of catastrophic trucking liability personal injury claim

Trial defense of claims of medical malpractice

Representation of father of deceased at contested hearing regarding allocation and distribution of $1.5M proceeds of settlement of medical malpractice action alleging survivorship and wrongful death claims.

Successful defense of a snow removal company sued after a business invitee slipped and fell on the premises where the company was hired to provide snow removal services.

Represented Defendant in a case in which Plaintiff alleged that he was falsely accused of menacing and lewd behavior.

Appeal of trial court’s grant of directed verdict in favor of retailer at trial.

A daughter of the decedent unduly influenced her mother to change her will to benefit only her. We filed a will contest on behalf of the other two daughters of the decedent. After a two day trial, we won a unanimous jury verdict setting aside the invalid will and ensuring that the decedent’s assets would transfer equally to her children, as she had truly intended.

Prosecution of commercial business dispute claim

Defense of nonprofit claim for invasion of privacy and intentional infliction of emotional distress.

Defense of podiatric surgeon medical malpractice claim

Appellate court upheld six-figure award of attorney fees and expenses in favor of Defendant in civil rights litigation.

Defense of medical malpractice wrongful death claim alleging failure to obtain cardiac workup in hospitalized patient with risk factors for coronary artery disease.

Defense of family medicine physician alleging wrongful death/medical negligence for prescribing opiates over many years leading to a 50-year old's death.

Represented Plaintiff in pursuit of a VSSR award for an occupational accident caused by faulty equipment.

Defense of claim against two radiologists alleging negligent diagnostic interpretations of a CT and then an ultrasound that caused pain and suffering and an emergent surgery.

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 of wrongful death medical malpractice claim in failing to timely diagnose an aortic dissection

Defense of pain management physician in a medical negligence claim, allegedly leading to catastrophic spinal cord injury.

Defense of defamation, abuse of process, malicious prosecution, and intentional infliction of emotional distress claims.

Defense of wrongful death case with strongly disputed liability involving a trucking accident. Last demand was $1 million and plaintiff counsel asked the jury for $3.5 million; final jury verdict was $520,233.

Defense of skilled nursing home.

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.

Defense of ENT surgeon in case alleging medical malpractice and wrongful death of 37 year old male who died from vertebral artery dissection and stroke following stent and spacer removal after sinus surgery.

Defense of wrongful death medical malpractice claim

Defended logistics company in claim of alleged harassment in retaliation for engaging in a protected activity.  

Plaintiff, a prison inmate, filed a Section 1983 action against Defendant alleging he was deliberately indifferent to his serious medical needs. Defendant had treated Plaintiff over the course of almost 6 months for large kidney stones. Summary judgment was sought on the basis that he was not a state actor (acting under color of law) and therefore not liable under Section 1983. The Court granted summary judgment—" There is no evidence in the record to indicate that defendant was a state actor when he provided medical services to Plaintiff.”

Represented staffing service company in charge alleging discrimination based on race, sex and retaliation. 

Defense of claim against restaurant alleging harassment in retaliation to termination based upon behavior.

Defense of claim against broadband company by an employee alleging harassment in retaliation for engaging in a protected activity.

Arbitration defense of alleged food contamination leading to illness

Employment discrimination claim dismissed by trial court by way of summary judgment motion practice and affirmed by appellate court on appeal.

Claimant alleged both acute injury and cumulative trauma injury to knee. Defense counsel presented testimony from the claims adjuster refuting the claimant’s account and testimony from the treating physician rebutting cumulative trauma claim, resulting in complete dismissal.

Defense of orthopedic medical malpractice claim.

Defense of medical malpractice claim alleging unnecessary spinal fusion and decompression.

Time-barred legal malpractice complaint dismissed in its entirety following a grant of defendant-attorney’s motion for judgment on the pleadings 171 days after receipt of assignment.

Defense of federal civil rights action arising from jail suicide.

Defense of negligence claim against a security company

Defense of county board against claims of age discrimination, wrongful termination, and intentional infliction of emotional distress

Defense of medical malpractice claim against neuroradiologist alleging failure to recognize indications of spinal epidural abscess on MRI.

Defense of criminal trucking property damage case

Medical malpractice claim dismissed by trial court by way of early motion practice and affirmed by appellate court on appeal.

Defense of injury case against hospital.

Defense of commercial premises liability claim and prosecution of claims for contractual indemnification and attorney’s fees

Prosecution of claims for indemnification and attorney fees

Obtained dismissal of a malpractice claim at the pleading stage that alleged a failure to properly represent a client in an underlying criminal matter, on the basis that the claim was barred by the one-year statute of limitations.

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

Defense of respondent insurance agent from claims of negligence, negligent and fraudulent misrepresentations, and unsuitability.

Defense of employment practices claim

Defense of premises liability claim.

Claimant was a 72-year-old woman who had worked as a machine operator for the defendant for 33 years prior to sustaining a work-related hip fracture, requiring surgery and resulting in a claim for PTD benefits. Through effective cross-examination concerning the basis for claimant’s failure to return to work post-surgery, defense counsel limited claim to an award of PPD benefits based on a 2% impairment rating.

Dismissal of premises liability claim

Defense of decision by township Board of Zoning Appeals in administrative appeal to the trial court

In this post-award Medical Fee Dispute, the claimant underwent an extended hospital stay as a result of an ulcer allegedly related to an infection of hardware implanted after a work-related ankle injury. Defense counsel presented expert medical proof that the ulcer was a result of the claimant’s diabetes and not a hardware infection, resulting in a savings of more than $284,500 in disputed medical bills.

Defense of mayor in case involving removal of vehicles and equipment

Defense of emergency medicine malpractice claim in 6-day jury trial alleging failure to diagnose soft tissue infection resulting in gangrene, multiple surgeries, and permanent injury.