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Personal injury

May 26, 2010
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Trial Report

Donna Saine v. Richard Walker, et al.

Marion Superior Court No. 49D05-0812-CT055117

Injuries: Severe ankle sprain resulting in extensive physical therapy and surgery to repair and replace torn ligaments; permanent nerve damage, swelling, instability, and surgical scarring

Date: March 9, 2010

Judge or Jury Trial: Jury trial

Judge: Hon. Robyn Moberly

Disposition: Verdict for plaintiff in the amount of $121,770.15. Total damages awarded were $143,259 and 85 percent fault on defendants

Plaintiff Attorneys: William E. Winingham and John G. Shubat, Wilson Kehoe & Winingham, Indianapolis

Defendant Attorney: Robert F. Ahlgrim Jr., State Farm Litigation Counsel, Indianapolis

Case Information: On Dec. 21, 2006, Donna was on her way downstairs in the home she was renting from defendants when she slipped and fell down the stairs. The stairs did not have a handrail adjacent to the staircase, although the staircase had 15 to 17 steps from top to bottom. Several Indiana building and safety codes require such a staircase to have a handrail available for the use of a person using the stairs. Donna asked the landlords on several occasions to install a handrail, but they refused. Defense contended that plaintiff could have moved out at any time.

Expert witnesses for the plaintiff were Dr. Jeffrey Soldatis of Orthopaedics Indianapolis, who operated on plaintiff’s ankle; and Lee Martin of Robson Forensic in Columbus, Ohio, an architect/building codes expert who testified as to code violations committed by defendants.

Attorney comments: Plaintiff made a settlement demand of $100,000 before trial, and State Farm offered $5,000 to settle the case. Defendants did not testify during the trial.

– William E. Winingham

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  1. Unfortunately, the court doesn't understand the difference between ebidta and adjusted ebidta as they clearly got the ruling wrong based on their misunderstanding

  2. A common refrain in the comments on this website comes from people who cannot locate attorneys willing put justice over retainers. At the same time the judiciary threatens to make pro bono work mandatory, seemingly noting the same concern. But what happens to attorneys who have the chumptzah to threatened the legal status quo in Indiana? Ask Gary Welch, ask Paul Ogden, ask me. Speak truth to power, suffer horrendously accordingly. No wonder Hoosier attorneys who want to keep in good graces merely chase the dollars ... the powers that be have no concerns as to those who are ever for sale to the highest bidder ... for those even willing to compromise for $$$ never allow either justice or constitutionality to cause them to stand up to injustice or unconstitutionality. And the bad apples in the Hoosier barrel, like this one, just keep rotting.

  3. I am one of Steele's victims and was taken for $6,000. I want my money back due to him doing nothing for me. I filed for divorce after a 16 year marriage and lost everything. My kids, my home, cars, money, pension. Every attorney I have talked to is not willing to help me. What can I do? I was told i can file a civil suit but you have to have all of Steelers info that I don't have. Of someone can please help me or tell me what info I need would be great.

  4. It would appear that news breaking on Drudge from the Hoosier state (link below) ties back to this Hoosier story from the beginning of the recent police disrespect period .... MCBA president Cassandra Bentley McNair issued the statement on behalf of the association Dec. 1. The association said it was “saddened and disappointed” by the decision not to indict Ferguson police officer Darren Wilson for shooting Michael Brown. “The MCBA does not believe this was a just outcome to this process, and is disheartened that the system we as lawyers are intended to uphold failed the African-American community in such a way,” the association stated. “This situation is not just about the death of Michael Brown, but the thousands of other African-Americans who are disproportionately targeted and killed by police officers.” http://www.thestarpress.com/story/news/local/2016/07/18/hate-cops-sign-prompts-controversy/87242664/

  5. What form or who do I talk to about a d felony which I hear is classified as a 6 now? Who do I talk to. About to get my degree and I need this to go away it's been over 7 years if that helps.

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