The SJD Update
Congratulations are in order for SJD's newest Associates, Lia Gucciardi and Ami Noren. Both took the February 2008 Indiana Bar Examination and successfully passed it. They were sworn in as Indiana attorneys on May 23, 2008.
In May of 2008, SJD Partner, Robert D. Brown, obtained victories in three cases, two before the Indiana Court of Appeals and one before the Indiana Supreme Court.
On May 15, 2008, in the case of Frame v. Tharp, et al, the Indiana Court of appeals affirmed a jury verdict obtained by SJD partner Robert Stoner which awarded only $9,000 in total damages against Bob's clients upon a finding of $300,000 in damages, due to the successful application of both the comparative fault of the plaintiff and the nonparty defense. At issue in the appeal was whether the nonparty defense could be used in this home construction accident case. The Court of appeals found that the nonparty defense was properly asserted and was properly used to reduce the fault of the defendants.
On May 13, 2008, in the case of Querrey & Harrow, Ltd., v. Transcontinental Insurance Company, the Indiana Supreme Court reversed the decision of the trial court and ordered that summary judgment be entered on behalf of Bob's client on the basis that an excess insurer may not bring an action for legal malpractice against attorneys which represented one of its insureds.
On May 8, 2008, in the case of Amsted Industries, Inc. v. Kaufman, the Court of Appeals reversed the decision of the trial court granting a motion for summary judgment against, and denying partial summary judgment to, Bob's client. In this construction accident case, the Court held that an indemnification clause was valid and applied to afford indemnification to Bob's client.
In May of 2008, nine members of the SJD family teamed up to participate in the Indy 500 Festival Mini-Marathon in Indianapolis. This race is the largest half marathon (13.1 miles) in the nation with almost 35,000 participants. The SJD group ranged from serious runners to serious walkers and every single one completed the entire course. The participants were Partners Robert Hawk, Jr., Sharon Stanzione, and James Hough; Associates Caleb Johnson, Janis Sims, Nathaniel Henson and Lia Gucciardi; and staffers Gail Stuhlmacher and Donna Martin.
On March 28, 2008, SJD Senior Associate Mike Carter in the Indianapolis office spoke at a seminar sponsored by the National Business Institute entitled Handling Medical Negligence Claims. Mike spoke on the topics of Hospital Corporate and Institutional Liability and the Use of Expert Witnesses to Support Your Case.
On January 1, 2008, Jon Diston and Marian Drenth became partners at SJD. Both Jon and Marian have exhibited outstanding legal ability both in the courtroom and out, over their years at SJD. The partners are proud to welcome Jon and Marian to their ranks.
In January of 2008, SJD Partner James Hough obtained a defense verdict on behalf of his client, a family physician, following a jury trial in the St. Joseph Superior Court. The physician was accused of failing to timely diagnose an infection outside the plaintiff's lung at a time it could have been treated with medication and drainage. It was alleged that due to the delay, an invasive surgery was necessary. The defense argued that the physician rendered proper treatment, found the problem and got the patient the treatment he needed. A Medical Review Panel unanimously found that the physician had violated the standard of care and caused injury, but the jury disagreed, unanimously finding for the physician.
In January of 2008, Partner James M. Portelli and Associate Caleb S. Johnson successfully defended a construction lawsuit brought by a general contractor against a framing subcontractor in a five day jury trial in Lake Circuit Court. It was alleged that the subcontractor's poor framing reduced the value of the newly constructed house and caused a delay in selling the Crown Point home. Prior to trial, the Plaintiff demanded $75,000. At trial, the plaintiff presented evidence of claimed damages in approximately that amount. Over $3,000 in repair costs were admitted by Defendant. The jury returned a verdict for Plaintiff in the amount of $3,500. Jim and Caleb were then successful in reducing their client's liability by another $1,000.00 for attorney fees and costs by utilizing the qualified settlement offer statute.
In September of 2007, SJD welcomed Lia Gucciardi as a new attorney. Lia is 2006 graduate of Valparaiso University School of Law and is licensed in the State of Michigan.
In July of 2007, SJD Associate Jon Diston defended a local church and church officials in a four day jury trial. The plaintiff had claimed defamation, intentional infliction of emotional distress, invasion of privacy, harassment, negligent infliction of emotional distress and negligent counseling. Prior to trial, the plaintiff’s demand exceeded $900,000. At trial, the plaintiff sought punitive and compensatory damages. On the motion of the defense, two of the individual officials were dismissed from the case prior to jury deliberations. The jury refused to award punitive damages and awarded only $ 35,000 in total damages.
In June of 2007, SJD Partner Robert Stoner obtained a very favorable verdict on behalf of his clients. Bob's clients were homeowners who were having a modular home placed on a basement. One of the workers fell through the floor and received significant injuries. At trial, Bob asserted the comparative fault of the plaintiff, as well as the nonparty fault of another entity involved in the work. The Jury found $300,000 in damges but found Bob's clients only 1% and 2% at fault, respectively.
In April of 2007, SJD Partner James Portelli successfully defended his clients in a jury trial in the Lake Superior Court sitting in Hammond, IN. Jim represented a clinic and a radiologist in this medical malpractice case involving an alleged delay in the diagnosis of breast cancer. The clinic admitted that an employee breached the standard of care, but disputed that the breach caused the damages claimed by the plaintiff. On behalf of the radiologist, Jim argued that the radiologist did not breach the applicable standard of care, and also disputed causation and damages. The plaintiff's counsel asked the jury to award over $1.5 million. The jury returned a defense verdict in favor of the radiologist, and awarded only $90,000 against the clinic.
In February of 2007, SJD Partner Chris Grabarek and Associate Marian Drenth successfully defended a Northwest Indiana urologist in a medical malpractice jury trial. The plaintiff claimed that the physician improperly placed stitches in her bladder during a Burch ColpoSuspension procedure causing her severe pain, urinary incontinence and other significant injuries. The defense presented extensive expert testimony in support of the urologist’s treatment. The jury rendered a defense verdict, finding for the physician and against the plaintiff.
In February of 2007, SJD Partner James Hough obtained a defense verdict on behalf of his client, a Northwest Indiana hospital. The plaintiff claimed that the hospital premises was dangerous to a visitor who tripped and fell. Medical bills exceeded $90,000, and the plaintiff’s counsel requested that the jury award damages of over $1 million dollars due to the medical expenses, a permanent injury and pain and suffering. James argued that no hazardous condition was present at the hospital and that a hip replacement the plaintiff had was due to degenerative arthritis, not the fall. The jury found for the hospital and awarded no damages to the plaintiff.
In November, 2006, SJD partners Sharon Stanzione and James Portelli obtained a defense verdict on behalf of their physician client. This medical malpractice case was tried to a jury over five (5) days in the Lake Superior Court sitting in Crown Point, IN. A medical review panel of three physicians unanimously found against the physician in pre-trial proceedings. Sharon and Jim, on behalf of their client, disputed the opinions reached by the review panel and argued that the physician complied with the standard of care. The plaintiff's attorney asked the jury to award $3 million to the plaintiff. The jury, however, rendered a verdict in favor of the physician and against the plaintiff.