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LCBA VERDICTS & ORDER REPORT

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From February 2004 Newsletter:

Type of Action: Automobile Accident
Name of Case: Patricia Woods and Link E. Reid v. Hakan Lars Velander
Type of Injuries: Plaintiff Woods: Aggravation of a herniated cervical disk, Plaintiff Reid: Back and Neck pain
Date of Jury Trial: November 17 and 19-20, 2003
Court/Case No.: 45D10-0122-CT-00525
Name of Judge: Judge John R. Pera
Damages Awarded: $ Plaintiff Woods: $2,820.75; Plaintiff Reid: $1,394.00
Specify Compensatory, Punitive or Defendant’s Verdict: Compensatory
Attorney for Plaintiff: Patrick McFarland for Plaintiff Woods; Jerry Peteet for Plaintiff Reid
Attorney for Defendant: Galen Bradley
Case Information: On July 23, 2001, the Defendant, while driving intoxicated, struck the rear of the vehicle driven by Patricia Woods who was traveling south in the 4000 block of Grant Street in Gary, Indiana. The Defendant then put his car in reverse and struck Plaintiff Link Reid who had stopped behind the Defendant after the first collision had occurred.
Plaintiff Woods claimed that although she had been diagnosed with a herniated cervical disk prior to July 23, 2001, her condition was being effectively managed through conservative treatment. She contended that as a result of the accident, surgery became necessary, following which she developed additional complications. Plaintiff Woods claimed to have incurred medical expenses directly related to this accident in the amount of $47, 370.68, and pain and suffering.
Plaintiff Reid claimed medical expenses in the amount of $1,394.00, attorney fees and pain and suffering.
The Defendant admitted liability for both collisions but disputed the nature and extent of each Plaintiff’s claimed injuries and damages.
The Jury returned a verdict in favor of Plaintiff Woods against the Defendant and awarded each Plaintiff’s claimed injuries and damages.
The Jury returned a verdict in favor of Plaintiff Woods and against the Defendant and awarded damages in the amount of $2,820.75. The Jury further returned a verdict in favor of Plaintiff Reid and against the Defendant and awarded damages in the amount of $1,394.00
Type of Action: Premises Liability
Name of Case: Lee Farley v. Hobart Ridge Corporation d/b/a/ Wiseway Food Center of Hobart
Type of Injuries: Head and shoulder contusion, neck and back pain, rotator cuff tear
Date of Jury Trial: December 1, 2, 3 and 4, 2003
Court/Case No.: 45D10-0202-PL-00032
Name of Judge: Judge John J. Pera
Damages Awarded: $82,500.00
Specify Compensatory, Punitive or Defendant’s Verdict: Compensatory
Attorney for Plaintiff: Donald Schlyer and David Novak
Attorney for Defendant: Timothy Swan and Elizabeth Moore
Case Information: Plaintiff claimed that on February 10, 2000, while exiting the Wiseway grocery store in Hobart, Indiana, both the store floor near the foyer and the foyer floor were wet, the floor mat in the foyer was buckled and not laying flat, and there was poor lighting in the foyer. Plaintiff alleged that while he was walking through the store toward the foyer, he slipped on the wet floor, caught his foot on the buckled mat in the foyer and fell forward, striking the wall and landing on the floor. Plaintiff contended he suffered injuries to his forehead, neck, back and both shoulders.
Plaintiff claimed medical expenses in the amount of $9,665.09, possible future medical expenses for surgery, pain and suffering and permanent injury to his shoulders.
The Defendant denied it violated any duty of care to the Plaintiff or that it was negligent. The Defendant further disputed the nature and extent of Plaintiff’s claimed injuries and damages.
The Jury found 45% liability attributable to the Plaintiff and 55% attributable to the Defendant. Finding damages in the amount of $150,000.00, the Jury awarded in its verdict for the Plaintiff the sum of $82,500.00.
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Type of Action: Automobile Accident
Name of Case: Thomas Watkins and Bessie Watkins v. Conor Ruel
Type of Injuries: Thomas: pain in right shoulder, neck and right hip; Bessie: pain in right shoulder, neck, and right knee and foot; contusions
Date of Jury Trial: December 15 and 16, 2003
Court/Case No.: 45D01-9809-CT-740
Name of Judge: Judge Jeffery J. Dywan
Damages Awarded: Thomas: $0.00,
Bessie: $1,255.42
Specify Compensatory, Punitive or Defendant’s Verdict: Thomas: Defendant’s Verdict; Bessie: Compensatory
Attorney for Plaintiff: Barry D. Sherman, Kirsten D. Hill
Attorney for Defendant: Harold Hagberg
Defendant’s Insurance Carrier: Allstate Insurance Company
Case Information: On June 16, 1997, a collision occurred on westbound Michigan Avenue approaching its intersection with Indianapolis Boulevard in Hammond, Indiana. Both vehicles were westbound as the Defendant was attempting to make a left-hand turn. Plaintiff Bessie Watkins was a passenger in an automobile being operated by Plaintiff Thomas Watkins.
Plaintiffs’ losses claimed were medical expenses of $6,661.95 for Plaintiff Thomas Watkins and $6,277.12 for Plaintiff Bessie Watkins. The Jury assessed fault as 80 percent to Plaintiff Thomas Watkins, zero percent to Plaintiff Bessie Watkins and 20 percent to Defendant. As to Plaintiff Thomas Watkins’ claim, the verdict returned was for Defendant. As to Plaintiff Bessie Watkins’ claim, total damages awarded were $6,277.12. The verdict returned for Plaintiff Bessie Watkins was $1,255.42
Plaintiffs’ physician who testified was Teofilo Bautista, M.D.
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Type of Action: Automobile Accident
Name of Case: Deanne O’Brien v. Michael Giglio
Type of Injuries: Head, neck and back injuries; neck and pack pain with headaches
Date of Jury Trial: December 15 and 16, 2003
Court/Case No.: 45D11-0101-CT-00044
Name of Judge: Judge John R. Pera
Damages Awarded: $5,400.00
Specify Compensatory, Punitive or Defendant’s Verdict: Compensatory
Attorney for Plaintiff: Edward R. Hall and Natasha Bukorvic
Attorney for Defendant: Jennifer L. McCloskey
Case Information: Plaintiff claimed that on May 6, 998, she was operating her vehicle eastbound on 29th Avenue and stopped for a stop sign its intersection with Colfax Street. As she proceeded to turn left onto Colfax Street, she was Struck on the Driver’s side by the vehicle operated by the Defendant who was traveling southbound on Colfax Street. Plaintiff contended and the Defendant did not dispute that the Defendant failed to stop at the stop sign at Colfax and 29th Avenue. The Plaintiff further claimed that the Defendant was traveling at an excessive rate of speed for the road and weather conditions and failed to maintain a proper lookout which was disputed by the Defendant.
Plaintiff claimed medical expenses in the amount of $5,155.50, pain and suffering, and continuing headaches as a result of this accident.
The Defendant claimed he did not see the stop sign because of overhanging branches which obstructed his vision. He also contended that the Plaintiff was negligently operating her vehicle, disregarded the stop sign, exceeded the posted speed limit, and failed to keep a proper lookout. Defendant further disputed the nature and extent of Plaintiff‘s claimed injuries and damages.
The Jury found 10% fault attributable to the Plaintiff and 90% attributable to the Defendant. Finding damages in the amount of $6,000.00, the Jury awarded its verdict for the Plaintiff the sum of $5,400.00.
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Type of Action: Automobile Accident
Name of Case: Lauren Martino v. Kevin Benda
Type of Injuries: Neck pain
Date of Jury Trial: December 15 and 19, 2003
Court/Case No.: 45D11-0201-CT-4
Name of Judge: Judge Jeffery J. Dywan
Damages Awarded: $400.00
Specify Compensatory, Punitive or Defendant’s Verdict: Compensatory
Attorney for Plaintiff: Steven J. Sersic
Attorney for Defendant: Thomas C. Higgins
Defendant’s Insurance Carrier: State Farm Mutual Automobile Insurance Company
Plaintiff’s Demand: $1,000.00
Defendant’s Offer: None
Case Information: On January 24, 2000, a collision occurred on northbound U.S. 41 near Lake Central High School in St. John, Indiana. Plaintiff claimed that she and the vehicle behind her were stopped when the Defendant struck the vehicle behind the Plaintiff in the rear which then struck the Plaintiff. Defendant claimed that he was struck in the rear by Nonparty Anne Kovacs, and he then struck the vehicle behind the Plaintiff in the rear.
Plaintiff’s losses claimed were medical expenses of $1,304.00. The Jury assessed fault as 10 percent to Defendant and 90 percent to Nonparty Anne Kovacs. Total damages awarded were $4,000.00. The verdict returned was $400.00
Plaintiff settled with Nonparty Anne Kovacs prior to trial for $4,000.00. Kovacs’ insurance carrier was Farmers Insurance.
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Type of Action: Automobile Accident
Name of Case: Diane Kasper v. Darnally Malaves
Type of Injuries: Neck, shoulder, and low back pain
Date of Jury Trial: December 15, 18 and 19, 2003
Court/Case No.: 45D10-0112-CT-00517
Name of Judge: Judge John R. Pera
Damages Awarded: None
Specify Compensatory, Punitive or Defendant’s Verdict: Defendant’s Verdict
Attorney for Plaintiff: Patrick McFarland
Attorney for Defendant: Edward Hearn
Case Information: Plaintiff claimed that on December 11, 2000, the Defendant operated her vehicle on 45th Avenue near Liable Road in Highland, Indiana in a negligent matter in poor weather conditions so as to collide with a vehicle driven by Richard McLamb which caused a collision between Mr. McLamb and the Plaintiff.
Plaintiff claimed medical expenses in the amount of $8,262.30, pain and suffering, and continued low back pain.
Defendant denied that she was negligent in the operation of her vehicle. Defendant contended that she was faced with a sudden emergency when an unidentified white vehicle pulled out into her lane of traffic from Liable Road, causing her to swerve and loose control of her vehicle. Defendant further disputed the nature, extent and proximate cause of Plaintiff’s claimed injuries and damages.
The Jury returned its verdict in favor of the Defendant and against the Plaintiff.
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Type of Action: Personal Injury – Car Crash (rear-end)
Name of Case: Victoria Peracki v. Allstate and Scott Tai Juan
Type of Injuries: Neck
Date of Jury Trial: January 12, 13, 14, 2004
Court/Case No.: 45C01-0003-CT-00171
Name of Judge: Lorenzo Arredondo
Damages Awarded: $60,000.00
Specify Compensatory, Punitive or Defendant’s Verdict:
Attorney for Plaintiff: Jeffrey Meunies
Attorney for Defendant: Harold Hagberg
Case Information: This lawsuit has been brought by Plaintiff, Victoria Peracki, against Defendant, Scott Tai Juan and Allstate Insurance Co.. The Plaintiff claims that on May 3, 1999 she was driving her automobile in an northerly direction on Broadway in Lake County, Indiana when she was struck in the rear of her vehicle by another vehicle. The driver of the other vehicle fled the scene of the accident and has not been able to be located since the date of the accident. The other driver was at the time of the accident an uninsured motorist. At the time of the accident Victoria Peracki had a policy of Insurance through Defendant Allstate Insurance Company which provided coverage for damages caused by uninsured motorists. Plaintiff claims that the Defendant was negligent and that she was injured and that the acts of the Defendant were the proximate cause of her injuries.
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Type of Action: Medical Negligence
Name of Case: Stephanie Milner v. Prinn K. Stang. M.D.
Type of Injuries: Undiagnosed pregnancy requiring second trimester abortion
Date of Jury Trial: January 12 and 13, 2004
Court/Case No.: 45D11-0103-CT-94
Name of Judge: Jeffery J. Dywan
Damages Awarded: $0.00
Specify Compensatory, Punitive or Defendant’s Verdict: Defendant’s Verdict
Attorney for Plaintiff: Richard A. Miller, Hillary Hall
Attorney for Defendant: James M. Portelli
Defendant’s Insurance Carrier: Pro Assurance Company
Plaintiff’s Demand: $4,500.00
Defendant’s Offer: None
Case Information: On May 12, 1999, Plaintiff presented herself to the Defendant with complaints of missed menstrual periods, hot and cold flashes, bloating, constipation and abdominal cramping. Per the Defendant’s instructions, Plaintiff had a series of blood tests performed at St. Anthony Medical Center on May 16, 1999. Defendant testified that he instructed Plaintiff to return in two weeks. Plaintiff returned back to the Defendant’s office on July 16, 1999 with similar complaints at which time the Defendant informed the Plaintiff that she was pregnant.
Plaintiff claimed that Defendant was negligent in failing to promptly inform her of her blood test results indicating she was pregnant. By the time the Plaintiff was informed, she had progressed from the first to the second trimester of pregnancy. Plaintiff testified that she had to go to Illinois to have an abortion performed in a hospital under anesthesia.
The Defendant claimed that Plaintiff was contributory negligent in failing to return to the office two weeks after her first appointment.
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Type of Action: Automobile Accident
Name of Case: Carolyn J. Nelson v. Robert J. Consier and Lakisha L. Gill
Type of Injuries: Neck and back pain
Date of Jury Trial: January 12 and 14, 2004
Court/Case No.: 45D11-0105-CT-200
Name of Judge: Jeffery J. Dywan
Damages Awarded: $228.80 (v. Defendant Robert Consier) - $2,059.20 (v. Defendant Lakisha Gill)
Specify Compensatory, Punitive or Defendant’s Verdict: Compensatory
Attorney for Plaintiff: Hawk P. Kautz
Attorney for Defendant: Edward W. Hearn
Defendant’s Insurance Carrier: State Farm Mutual Automobile Insurance Company
Defendant’s Offer: $12,500.00
Defendant’s Offer: $100.00
Case Information: On February 6, 2001, Plaintiff testified that she was a passenger in a vehicle being driven by Defendant, Lakisha Gill, which was involved in a collision with a vehicle being driven by Defendant, Robert Consier, on Ridge Road near its intersection with Wisconsin Street in Lake Station, Lake County, Indiana. The Plaintiff claimed the Defendants operated their vehicles in a negligent and careless manner so as to cause such collision.
Plaintiff’s losses claimed were medical expenses of $2,288.00. The Jury assessed fault as 10 percent to Defendant Robert Consier and 90 percent to Defendant Lakisha Gill. Total damages awarded were $2,288.00. The verdict returned was $228.80 versus Defendant Robert Consier and $2,059.20 versus Defendant Lakisha Gill.
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Type of Action: Premises Liability
Name of Case: Roxanne F. Flynn v. Peoples Federal Trust No. 5013
Type of Injuries: Trial on issue of liability only per Bifurcation Order
Date of Jury Trial: January 12, 13, 2004
Court/Case No.: 45D10-0111-CT-00469
Name of Judge: John R. Pera
Damages Awarded: N/A
Specify Compensatory, Punitive or Defendant’s Verdict: Defendant’s Verdict
Attorney for Plaintiff: Mark Psimos
Attorney for Defendant: Carolyn Fehring
Case Information: The Plaintiff claimed that on May 11, 2003, as a result of Defendant’s negligence in properly maintaining its premises located at 140-318 West Lincoln Hwy. in Schererville, Indiana, she fell and suffered personal injury, pain and suffering. Plaintiff claimed she fell as a result of stepping on a stone in the parking lot. The Defendant denied that it negligently maintained the premises. Pursuant to an Order entered on April 4, 2003 granting Bifurcation, the trial was conducted for the limited purpose of determining liability.
Commercial Sweeping Corporation, named as a co-Defendant and represented by Robert D. Hawk, Jr., was dismissed on its Motion for Directed Verdict at the conclusion of Plaintiff’s case.
The Jury returned a Verdict in favor of the Defendant, Peoples Federal Trust No. 5013, the owner of the premises, and against the Plaintiff, Roxanne F. Flynn.
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Type of Action: Automobile Accident
Name of Case: Evgenia Vavoulas v. Kenya V. Veasy
Type of Injuries: Neck, shoulder and permanent low back pain
Date of Jury Trial: January 12, 14, 2004
Court/Case No.: 45D10-0112-CT-00516
Name of Judge: John R. Pera
Damages Awarded: $35,000.00
Specify Compensatory, Punitive or Defendant’s Verdict: Compensatory
Attorney for Plaintiff: Barry Sherman, Kristen Hill
Attorney for Defendant: Vincent Mirkov
Case Information: The parties stipulated that the Defendant was the cause of and at fault for a collision that occurred on July 7, 2000, in which the Plaintiff’s vehicle, while stopped on northbound Broadway near its intersection with 47th Avenue in Gary, Indiana, was struck in the rear by the vehicle driven by the Defendant. The Plaintiff claimed she suffered neck, shoulder, and back pain, incurred medical expenses in the amount of $7,062.50, lost income in the amount of $10,062.00, experienced pain and suffering and continues to suffer daily pain in her lower back.
The Defendant disputed the nature and extent of Plaintiff’s injuries and damages, and that the collision was the proximate cause of said injuries and damages.
The Jury returned a verdict in favor of the Plaintiff and against the Defendant and awarded damages in the amount of $35,000.00.
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Type of Action: Personal Injury – car crash
Name of Case: Lon Childress v. Gloria Rawlins
Type of Injuries: Partial rotator cuff tear
Date of Jury Trial: January 26, 27, 2004
Court/Case No.: 45C01-0002-CT-00118
Name of Judge: Lorenzo Arredondo
Damages Awarded: $5,098
Specify Compensatory, Punitive or Defendant’s Verdict:
Attorney for Plaintiff: Joseph Irak
Attorney for Defendant: Harold Hagberg
Case Information: On March 8, 1999, in a Post Office parking lot the Defendant backed out of the parking space and collided with the Plaintiff.
The crash report states the primary cause of the accident was, “unsafe backing”, and “driver inattention” on the part of the Defendant. Plaintiff claims he sustained bodily injuries to his left shoulder consisting of a partial rotator cuff tear and incurred $3,723 for medical treatment and may be required to expend further sums in the future.
Defendant claims the Plaintiff was comparatively at fault and disputes the nature and extent of the injuries claimed by the Plaintiff.
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Type of Action: Trip and Fall
Name of Case: Nancy and Winfield E. Smick, Jr. v. F.W. Hugh and Cynthia St. Leger
Type of Injuries: Depressed fracture of radial head in both elbows, knee pain
Date of Jury Trial: January 26 and 27, 2004
Court/Case No.: 45D01-0003-CT-00080
Name of Judge: John R. Pera
Damages Awarded: N/A
Specify Compensatory, Punitive or Defendant’s Verdict: Defendants’ Verdict
Attorney for Plaintiff: Timothy F. Kelly, Beth L. Brown
Attorney for Defendant: Bridgett J. Repay, Amy J. Godshalk
Case Information: Plaintiffs contended that Nancy Smick was injured on August 3, 1999, when she fell on the sidewalk outside the home of the Defendants, Hugh and Cynthia St. Leger in Munster, Indiana. Plaintiffs claimed that the fall was the result of the negligence of the defendants in falling to maintain and repair the sidewalk, which they claim was broken and uneven, and in failing to warn of the poor condition of sidewalk.
Plaintiff, Nancy Smick, claimed damages for medical expenses in the amount of $4,011.88, pain, mental suffering and permanency. Plaintiff, Winfield E. Smick, Jr., claimed the loss of consortium of his wife, Nancy.
The Defendants denied that they were negligent, willful or reckless in any manner, that the Plaintiff was at fault, and such fault was the sole proximate cause or contributing cause of any and all injuries and damages alleged by the plaintiffs.
The Jury returned its Verdict in favor of the Defendants, Hugh and Cynthia St. Leger, and against the Plaintiffs Nancy and Winfield Smick.
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Type of Action: Civil Tort
Name of Case: Dolores Wright et al v. Ricky L. Westray et al
Type of Injuries: Severe scalp laceration; contusions; resultant brain impairment; anxiety; depression.
Date of Jury Trial: January 26, 27, 28, 29, 30, 2004
Court/Case No.: 45D05-9712-CT-2394
Name of Judge: Robert A. Pete
Damages Awarded: Dolores Wright – compensatory - $1,020,000.00; John Wright – compensatory - $100,000.00; Samuel Wright – compensatory - $25,000.00; Punitive damages awarded - $15,000,000.00
Specify Compensatory, Punitive or Defendant’s Verdict:
Attorney for Plaintiff: David W. Holub
Attorney for Defendant: Gary Klages
Case Information: On December 23, 1996, Dolores Wright claimed that she was permanently injured when Defendants’ semi-truck operator consciously chose to abandon his duty to watch the road ahead, and at highway speed, collided with the rear of two cars stopped at a red stoplight near the intersection of I-65 and the Indiana Toll Road. The two cars were stopped at the red stoplight in the northbound traffic lanes of I-65 when Defendants’ tractor trailer impacted into the rear-end of the Wright car injuring Dolores and her then infant son who was thrown from the automobile.
Defendants’ tractor trailer was operated by Ricky Westray who was dispatched to load a moving van and drive it from Ohio to Illinois. He was en route in Indiana and failed to stop for a clearly visible red stoplight and traffic lawfully stopped at the I-65 and the Indiana Toll Road.
At the time of the crash, Defendant Ricky Westray was an employee of Defendants Bekins Van Lines, Co., Richardson Moving & Storage, Inc, and Miami Valley Moving & Storage, Inc. Ricky Westray.
The Plaintiffs claimed that the Defendants were negligent, and that their negligence was the cause of the collision. The Plaintiffs further claimed that the Defendants acted with gross negligence or willful, wanton and conscious disregard for the safety and rights of others, and that such conduct was also a cause of the collision and is of the type and character that the law sets apart for punitive consideration by a jury.
The Plaintiffs claimed that they suffered personal injuries as a result of the collision, and that the negligence and fault of the Defendants was the proximate cause of their injuries. The Plaintiffs sought compensatory and punitive damages.
The Defendants acknowledged that the tractor-trailer was driven by Defendant, Ricky Westray. At the time of the occurrence, Ricky Westray was employed by Defendant Bekins Van Lines, Co., Richardson Moving & Storage, Inc. and Miami Valley Moving & Storage, Inc.
The Plaintiff John Wright claimed that he was deprived of the services and consortium of his spouse Dolores Wright, and would be deprived of those services in the near future.
The Plaintiffs claimed to be entitled to an award of punitive damages because the Defendants acted with gross negligence or willful, wanton and conscious disregard for the safety and rights of others, and that such conduct was also a cause of the collision.
The Defendants did not contest fault relative to Plaintiffs’ claim of negligence regarding the operation of the vehicle by Ricky Westray at the time of the occurrence. However, the Defendants denied that they were negligent in any other way. Defendants denied that they acted with gross negligence of willful, wanton and conscious disregard for the safety and rights of others, or any other conduct warranting punitive damages. The Defendants also denied both the nature and extent of injuries claimed by Plaintiffs, Dolores Wright, John Wright, and Samuel Wright.
This accident also resulted in the deaths of two persons in Plaintiff’s vehicle, and serious injury to two other persons in another vehicle.