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Trucking accident

July 6, 2011
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Trial Report

Willetter Morrison-Johnson and Steven Johnson v. Republic Services of Indiana, L.P. and Jason Stanley
Marion Superior Court No. 12
Injuries: post-traumatic fibromyalgia
Date: May 10, 2011
Trial Type: jury trial
Judge: Hon. Heather A. Welch
Disposition: Verdict for plaintiff Willetter Morrison-Johnson in amount of $91,314.99 and $0 for plaintiff Steven Johnson
Plaintiff attorney: Bradford J. Smith, Ken Nunn Law Firm
Defendant attorney: James E. Zoccola and Kevin Morrissey, Lewis & Kappes
Case Information: This case involved a rear-end collision on I-465. Plaintiff was a restrained rear seat passenger. She and two other co-workers were traveling to a work-related meeting at the time of the collision. A Republic Services garbage truck driven by Jason Stanley was unable to get stopped when traffic slowed abruptly on I-465. Plaintiff claimed ongoing headache and neck and back pain immediately after the accident. Despite no findings of acute trauma, plaintiff received a battery of diagnostic tests, physical therapy, chiropractic treatments, and spot injections. Johnson was diagnosed with post-traumatic fibromyalgia. Plaintiff received workers’ compensation benefits from her employer in excess of $42,000 for which the workers’ compensation carrier was claiming a subrogation lien. At mediation, defendants made a final offer of $97,000 which was refused by plaintiffs. Plaintiffs requested damages of $400,000 at jury trial.
– James E. Zoccola
 

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  • Auto accident! Urgent!
    Hi, I had an auto accident on 12/26/2012 on I-65 near Lafayette, IN. I rear hit a semi truck. Meanwhile, I got a traffic ticket. I went to White Superior Court to have a hearing. I thought that I could win the case. I lost. I am not sure if you will be able to reverse the judgment in the White Superior Court. Meanwhile, I will try to let the insurance agency for the truck driver to pay the damages to my car. I wonder if your office is willing to handle the case. Thanks.

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  3. The practitioners and judges who hail E-filing as the Saviour of the West need to contain their respective excitements. E-filing is federal court requires the practitioner to cram his motion practice into pigeonholes created by IT people. Compound motions or those seeking alternative relief are effectively barred, unless the practitioner wants to receive a tart note from some functionary admonishing about the "problem". E-filing is just another method by which courts and judges transfer their burden to practitioners, who are the really the only powerless components of the system. Of COURSE it is easier for the court to require all of its imput to conform to certain formats, but this imposition does NOT improve the quality of the practice of law and does NOT improve the ability of the practitioner to advocate for his client or to fashion pleadings that exactly conform to his client's best interests. And we should be very wary of the disingenuous pablum about the costs. The courts will find a way to stick it to the practitioner. Lake County is a VERY good example of this rapaciousness. Any one who does not believe this is invited to review the various special fees that system imposes upon practitioners- as practitioners- and upon each case ON TOP of the court costs normal in every case manually filed. Jurisprudence according to Aldous Huxley.

  4. Any attorneys who practice in federal court should be able to say the same as I can ... efiling is great. I have been doing it in fed court since it started way back. Pacer has its drawbacks, but the ability to hit an e-docket and pull up anything and everything onscreen is a huge plus for a litigator, eps the sole practitioner, who lacks a filing clerk and the paralegal support of large firms. Were I an Indiana attorney I would welcome this great step forward.

  5. Can we get full disclosure on lobbyist's payments to legislatures such as Mr Buck? AS long as there are idiots that are disrespectful of neighbors and intent on shooting fireworks every night, some kind of regulations are needed.

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