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Client Outcomes

Ken Doane and George Budd received a favorable published opinion from the Indiana Court of Appeals in Bailey v. State Farm Mut. Auto. Ins. Co., 881 N.E.2d 996 (Ind. Ct. App. 2008).  Rodney Scott and Ken Doane secured a defense verdict at the trial court level for the client, State Farm, Plaintiff’s underinsured motorist (UIM) insurance carrier.  By way of brief background, Caudill allowed Bailey to drive his car, and they were involved in a single-car accident. Both men were intoxicated. Bailey sued Caudill, who subsequently tendered his liability limits, and then pursued a UIM claim against State Farm. At trial, Plaintiff moved to amend his Complaint to add a claim of negligent entrustment.  The trial court denied this motion and granted State Farm’s motion in limine on the same issue.  After the jury entered a defense verdict, Plaintiff appealed.  The Court of Appeals held, as a matter of first impression, that a voluntarily intoxicated adult (Bailey) does not have a right to maintain a first-party cause of action against the vehicle owner (Caudill) for negligently entrusting the vehicle to him.  The Court of Appeals also held that the evidence at trial also failed to establish Caudill’s actual knowledge of Bailey’s intoxication. The defense verdict was upheld.
Rodney Scott, Rick Bartlett and Chad Smith all contributed to the dismissal of an adult wrongful death action filed by the non-custodial father acting as a personal representative of an Estate opened for that purpose by a personal injury law firm.  To the father and law firm’s surprise, the 20 year-old decedent was a full-time student at Ivy Tech and, therefore, an adult wrongful death action was an inappropriate vehicle to seek recovery for her death.  J. Scott Waters, IV, of our firm, was helping the residential and custodial mother with her plans for a memorial for her daughter when the mother learned of the lawsuit and her ex-husband’s intentions.  We filed a motion to dismiss on her behalf.  The Orange County Circuit Court granted the motion and permitted mother to file an intervening complaint against the tortfeasor and the ex-husband.  The residential and custodial mother, therefore, should be able to proceed with her initial plans.
Sandra Heeke and George Budd successfully defended the appeal of a summary judgment entered in favor of their client in Wagner v. Yates, 884 N.E.2d 331 (Ind. Ct. App. 2008). In this permissive use case, the Court of Appeals agreed that American Family – the Plaintiffs’ UIM carrier – was contractually entitled to set off not only the tortfeasor’s liability limits, but any UIM payments made by the Plaintiff’s employer’s insurer.  Plaintiffs have since filed a petition to transfer this matter to the Indiana Supreme Court, which is currently pending.
Rodney Scott helped Floyd Memorial Hospital defend a malpractice complaint before a Medical Review Panel.  The unanimous opinion of the panel was that the evidence did not support the conclusion that Floyd Memorial Hospital breached the standard of care owed to the patient and further opined that Floyd Memorial's conduct was not a factor in the injuries and damages complained of by the Plaintiff.
Rodney Scott tried a breach of contract and UCC action for Sellersburg Volunteer Fire Department against Shane Williams Enterprises, Inc., Wolverine Fire Apparatus and American Fire Apparatus in Clark Circuit Court in May of 2008.  As it turned out, it was Judge Daniel F. Donahue’s last trial.  Indeed, he signed the judgment entry on his last day on the bench.  The dispute arose after Sellersburg VFD purchased a used ladder truck from the defendants.  It was purchased to increase the ability and capacity to fight fires and decrease the community’s insurance ratings for premium purposes.  As agreed, the fire truck was sold “as-is except for a pump test, ladder certification, pump cooler repair and a full complement of (USED) ground ladders (85’).”   After delivery, Fire Chief Greg Dietz noted several defects and questioned whether the “ladder certification” was legitimate.  He had the vehicle inspected by an independent testing company that concluded that it failed the certification standard in multiple respects.  Rodney, on behalf of Sellersburg VFD, offered to rescind the transaction and return the truck.  Defendants refused.  Accordingly, Sellersburg VFD made the necessary repairs at the cost of $27,400.  After a two day bench trial, the Judge granted Sellersburg Volunteer Fire Department its damages of $27,400 and ordered specific performance compelling the title transfer that had not yet occurred.  Interestingly, the Judge also granted sanctions including mediation costs and attorney’s fees because Defendants failed to appear in person at the mediation without notifying Rodney, the mediator or the court. 
Ken Doane and George Budd successfully defended an appeal to the Indiana Court of Appeals in McClanahan v. Mason, 881 N.E.2d 103 (Ind. Ct. App. 2008). Previously, Rodney Scott had defended the case at trial and the jury returned a defense verdict.  Plaintiff appealed the jury’s verdict and requested a new trial.  The Court of Appeals held that the evidentiary issues claimed by Plaintiff's counsel were, at most,  harmless error.  It further determined that the jury’s defense verdict based exclusively upon Plaintiff's failure to meet his burden of persuasion on the medical causation issue was justified by the evidence.
Rodney Scott successfully mediated Gentry v. Zingg.  The injury claim was catastrophic.  In addition to $134,000 in medical billings, Plaintiff had been unemployed since the date of the accident with no prospects of returning to his employment because of the significant and permanent injuries sustained in the accident.  While Rodney’s client definitely had significant liability and damage exposure, he believed that it should be shared by Plaintiff and, most significantly, by Harrison County. Both parties had accident reconstructions performed which agreed that both Plaintiff and Defendant were across the centerline, that Defendant may have been 4 inches further across the centerline, that both Plaintiff and Defendant were about equal distances from their respective edges and that both vehicles were travelling within the speed limit.  After the suit filing, Rodney asked the defense accident reconstructionist to revisit the scene and analyze the road design.  The Defendant’s accident reconstructionist concluded that the maximum advisable speed for the roadway – based upon its design – was more in the range of 20 mph than the posted 55 mph limit.  Additionally, the road lacked any necessary warnings or advisoriesto notify traffic of the narrowness of the roadway and the visibility limitations at the location of the accident.  Harrison County, therefore, was named a non-party to the action and Rodney successfully argued that his 16 year-old client, in particular, needed warnings and advice about speed and visibility and that, as such, Harrison County bore at least 50% of the total fault, for settlement purposes, for the accident and the parties each bore no more than 25% of the fault. The case was settled well within the insured’s available liability limits.
THIS WEBSITE AND THE RESULTS DESCRIBED ABOVE ARE NOT INTENDED TO CONSTITUE AN ENDORSEMENT OF ANY PARTICULAR ATTORNEY OR CONSTITUTE A REPRESENTATION ABOUT THE QUALITY OF LEGAL SERVICES.  ADDITIONALLY, WATERS, TYLER, SCOTT, HOFMANN & DOANE, LLC DOES NOT CLAIM THAT PAST RESULTS PREDICT FUTURE SUCCESSES AND CANNOT WARRANT OR GUARANTEE RESULTS IN PENDING OR FUTURE CASES.