Fruits v. Hematology-Oncology of Indiana, Inc.
After the verdict in his client's favor, Bob filed a petition for attorney fees and costs under the General Wrongful Death Statute and Adult Wrongful Death Statute arguing that the two wrongful death statutes should be applied together for this additional damage recovery.
The trial court judge agreed and granted Bob’s petition. Defense counsel appealed this issue. The Court of Appeals affirmed the trial court. On a petition to transfer and after oral argument in front of the Indiana Supreme Court, the trial court was affirmed in June 2011.
Hematology-Oncology of Ind. v. Fruits, 950 N.E.2d 294 (Ind. 2011) opinion
Kirsh v. Celadon Trucking
A Celadon Trucking company driver ran a stop sign and struck Julie Kirsh while she was driving through the intersection with her teenage daughter. Julie sustained injuries to her thumb, knee, neck, lower back, and TMJ and received minimal medical treatment for these injuries in the three months following the collision.
A year after the collision, Julie received significant medical treatment for her injuries, including surgeries on her thumb and knee, and interventional pain relief for her neck, back and TMJ. The case was six years old when it went to trial. Celadon admitted liability three months before trial.
The 8 month gap in treatment was the primary defense, and Celadon’s offer of judgment before trial was the amount of Julie’s medical bills- $75,000. After a three day jury trial in Marion County, the jury returned a verdict for Julie in the amount of $700,000. Celadon appealed the verdict on the grounds that the trial court improperly excluded evidence of plastic surgery treatment Julie received during the 8 month gap in treatment and also argued that the verdict was excessive.
On August 12, 2009, the Indiana Court of Appeals unanimously affirmed the verdict in a non-published decision. Celadon filed a Petition for Rehearing, which was denied.
Moore v. Celadon Trucking
Robert Johnson served as co-counsel on the case.
A Celadon truck driver blocked northbound US 31 in Johnson County blocking both northbound lanes late at night in bad weather. Seventy-one year old Shirley Moore did not see the truck until it was too late and drove directly into the rear tandems. Shirley sustained severe fractures to both ankles and her right leg requiring multiple surgeries and over $230,000 in medical expenses. The case was tried over four days in Marion County in front of Judge Ted Sosin.