ILNews

2011 update of DTCI amicus cases

Back to TopCommentsE-mailPrintBookmark and Share
Indiana Lawyer Focus

This will be my final annual update of Defense Trial Counsel of Indiana’s participation in amicus cases. I have decided after over 10 years heading up the Amicus Committee, it is time for me to step aside. Beginning Jan. 1, 2012, Don Kite will assume the chair. I will stay on the committee for another year to help Don with the transition.

In 2011, DTCI has participated as amicus in several significant legal issues affecting the defense bar. It was involved in a certified question concerning the crash worthiness doctrine and prepared a brief concerning whether failure to maintain medical records constitutes spoliation. Finally, the Amicus Committee was involved in one of the cases deciding whether plaintiffs in wrongful death cases were entitled to attorney fees. The Amicus Committee also welcomed a new member, Edward Harney of Hume Smith Geddes Green & Simmons.

james johnson Johnson

Below are the 2011 cases:

Cases decided at the Indiana Supreme Court

Nicholas Green v. Ford Motor Co., 942 N.E.2d 791 (Ind. 2011), Certified Question from S.D. Ind. The court decided that in a crash worthiness case alleging enhanced injuries under the Indiana Product Liability Act, the jury can apportion fault to the person suffering physical harm when the alleged fault relates to the cause of the underlying accident. Ross Rudolph of Rudolph Fine Porter & Johnson and James Godbold of Kightlinger & Gray’s Evansville office prepared the amicus brief.

Ashby and O’Brien v. Davidson, 949 N.E.2d 301 (Ind. 2011). The court held a claims-made policy of insurance requires notice by an insured prior to the expiration of the policy period. However, the court held there was a material issue of fact on plaintiff’s estoppel claim (DTCI did not participate in the estoppel claim). Don Kite of Gonzalez Saggio & Harlan wrote the amicus brief.

Howard Regional Health Systems v. Gordon, 952 N.E.2d 182 (Ind. 2011). The court held there is no spoliation cause of action for failing to comply with a statute concerning maintenance of health care records against a health care provider who fails to maintain medical records. The amicus brief was written by Tom Bodkin of Bamberger Foreman Oswald & Hahn.

Hematology-Oncology of Indiana, P.C. v. Fruits, 950 N.E.2d 295 (Ind. 2011). The court held plaintiffs are entitled to an award of attorney fees and expenses pursuant to the Adult Wrongful Death Act. Robert Parker prepared the DTCI amicus brief.

Cases pending at Indiana Court of Appeals

Santelli v. Rahmatullah and Super 8 Motel, No. 49D04-0704-CT-14720. The issue is whether in a premises liability case where a person was murdered, the premises owner can name the criminal assailant as a nonparty. Lucy Dollens of Frost Brown Todd wrote the amicus brief.

I would like to thank all the individuals and firms that supplied briefs in the above matters. This work is time consuming and challenging. The work of the brief writers is appreciated by everyone at DTCI.

As usual, I speak for the DTCI board in expressing my thanks to the members of Amicus Committee: Michele Bryant (Bamberger Foreman Oswald & Hahn); Lucy Dollens; Michael Dugan (Dugan & Voland); Daniel Glavin (O’Neill McFadden & Willett); Phil Kalamaros (Hunt Suedhoff Kalamaros); Don Kite Sr.; Crystal Rowe (Kightlinger & Gray) and Edward Harney. I speak for the entire committee when I thank the DTCI board of directors and its members for their continued support of the Amicus Committee.

Finally, on a personal note, my time as Amicus chair has been one of the most professionally fulfilling experiences in my career. The combination of the intellectual debates on the committee, the policy discussions with the board and the work with the brief writers will never be duplicated. I hope Don has as great an experience as I have had over the last 10 years.•

__________

James D. Johnson is a partner in the litigation department at Rudolph Fine Porter & Johnson in Evansville. Johnson will be vice president of DTCI beginning Jan. 1, 2012. The opinions expressed in this article are those of the author.
 

ADVERTISEMENT

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by

facebook - twitter on Facebook & Twitter

Indiana State Bar Association

Indianapolis Bar Association

Evansville Bar Association

Allen County Bar Association

Indiana Lawyer on Facebook

facebook
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. I just wanted to point out that Congressman Jim Sensenbrenner, Senator Feinstein, former Senate majority leader Bill Frist, and former attorney general John Ashcroft are responsible for this rubbish. We need to keep a eye on these corrupt, arrogant, and incompetent fools.

  2. Well I guess our politicians have decided to give these idiot federal prosecutors unlimited power. Now if I guy bounces a fifty-dollar check, the U.S. attorney can intentionally wait for twenty-five years or so and have the check swabbed for DNA and file charges. These power hungry federal prosecutors now have unlimited power to mess with people. we can thank Wisconsin's Jim Sensenbrenner and Diane Feinstein, John Achcroft and Bill Frist for this one. Way to go, idiots.

  3. I wonder if the USSR had electronic voting machines that changed the ballot after it was cast? Oh well, at least we have a free media serving as vicious watchdog and exposing all of the rot in the system! (Insert rimshot)

  4. Jose, you are assuming those in power do not wish to be totalitarian. My experience has convinced me otherwise. Constitutionalists are nearly as rare as hens teeth among the powerbrokers "managing" us for The Glorious State. Oh, and your point is dead on, el correcta mundo. Keep the Founders’ (1791 & 1851) vision alive, my friend, even if most all others, and especially the ruling junta, chase only power and money (i.e. mammon)

  5. Hypocrisy in high places, absolute immunity handed out like Halloween treats (it is the stuff of which tyranny is made) and the belief that government agents are above the constitutions and cannot be held responsible for mere citizen is killing, perhaps has killed, The Republic. And yet those same power drunk statists just reel on down the hallway toward bureaucratic fascism.

ADVERTISEMENT