ILNews

Personal injury

May 26, 2010
Keywords
Back to TopCommentsE-mailPrintBookmark and Share
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

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
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. My husband financed a car through Wells Fargo In dec 2007 and in Jan 2012 they took him to court to garnish his wages through a company called autovest llc . Do u think the statue of limitations apply from the day last payment was received or from what should have been the completion of the loan

  2. Andrew, you are a whistleblower against an ideologically corrupt system that is also an old boys network ... Including old gals .... You are a huge threat to them. Thieves, liars, miscreants they understand, identify with, coddle. But whistleblowers must go to the stake. Burn well my friend, burn brightly, tyger.

  3. VSB dismissed the reciprocal discipline based on what Indiana did to me. Here we have an attorney actually breaking ethical rules, dishonest behavior, and only getting a reprimand. I advocated that this supreme court stop discriminating against me and others based on disability, and I am SUSPENDED 180 days. Time to take out the checkbook and stop the arrogant cheating to hurt me and retaliate against my good faith efforts to stop the discrimination of this Court. www.andrewstraw.org www.andrewstraw.net

  4. http://www.andrewstraw.org http://www.andrewstraw.net If another state believes by "Clear and convincing evidence" standard that Indiana's discipline was not valid and dismissed it, it is time for Curtis Hill to advise his clients to get out the checkbook. Discrimination time is over.

  5. Congrats Andrew, your street cred just shot up. As for me ... I am now an administrative law judge in Kansas, commissioned by the Governor to enforce due process rights against overreaching government agents. That after being banished for life from the Indiana bar for attempting to do the same as a mere whistleblowing bar applicant. The myth of one lowly peasant with the constitution does not play well in the Hoosier state. As for what our experiences have in common, I have good reason to believe that the same ADA Coordinator who took you out was working my file since 2007, when the former chief justice hired the same, likely to "take out the politically incorrect trash" like me. My own dealings with that powerful bureaucrat and some rather astounding actions .. actions that would make most state courts blush ... actions blessed in full by the Ind.S.Ct ... here: https://www.scribd.com/doc/299040839/2016Petitionforcert-to-SCOTUS

ADVERTISEMENT