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Vehicle negligence

March 2, 2011
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Trial Report

Patricia Mowery and Harold Mowery Jr. v. Arron Hofmeister and Marathon Petroleum Company LP

Marion Superior Court #12

No. 49D12-0908-CT-038874

Injuries: cervical strain/sprain, discectomy and fusion C5-6, lateral epicondylitis

Date: Feb. 8 to 10, 2011

Judge or Jury Trial: Jury trial

Judge: Hon. Heather Welch

Disposition: Defense verdict, no fault

Plaintiff Attorney: Troy K. Rivera, Nunn Law Office

Defendant Attorney: Miriam Rich, Gonzalez Saggio & Harlan

Case Information: Plaintiff Patricia Mowery approached defendant’s transport (tractor and tanker trailer) at 1 a.m. on July 24, 2009, from behind as defendant began to make a right turn. Defendant’s right turn signal was visible in security video captured by a nearby convenience store camera, as was plaintiff’s approach on defendant’s right side after defendant began his right turn maneuver. Storage boxes mounted below the frame of the tanker trailer impacted the front left tire and fender of plaintiff’s SUV and peeled back the front bumper. No injuries were reported at the scene. Plaintiff went to an Immediate Care Center 20 hours after the collision with stiffness to her neck and was diagnosed with a cervical strain/sprain and degenerative disk disease. She had disk fusion surgery Nov. 10, 2009, and claimed $80,821.13 in medical expenses. The matter proceeded to a jury trial Feb. 8 to 10, 2011, and the jury returned a verdict of no fault on defendants.•

– Miriam Rich

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  1. Just an aside, but regardless of the outcome, I 'm proud of Judge William Hughes. He was the original magistrate on the Home place issue. He ruled for Home Place, and was primaried by Brainard for it. Their tool Poindexter failed to unseat Hughes, who won support for his honesty and courage throughout the county, and he was reelected Judge of Hamilton County's Superior Court. You can still stand for something and survive. Thanks, Judge Hughes!

  2. CCHP's real accomplishment is the 2015 law signed by Gov Pence that basically outlaws any annexation that is forced where a 65% majority of landowners in the affected area disagree. Regardless of whether HP wins or loses, the citizens of Indiana will not have another fiasco like this. The law Gov Pence signed is a direct result of this malgovernance.

  3. I gave tempparry guardship to a friend of my granddaughter in 2012. I went to prison. I had custody. My daughter went to prison to. We are out. My daughter gave me custody but can get her back. She was not order to give me custody . but now we want granddaughter back from friend. She's 14 now. What rights do we have

  4. This sure is not what most who value good governance consider the Rule of Law to entail: "In a letter dated March 2, which Brizzi forwarded to IBJ, the commission dismissed the grievance “on grounds that there is not reasonable cause to believe that you are guilty of misconduct.”" Yet two month later reasonable cause does exist? (Or is the commission forging ahead, the need for reasonable belief be damned? -- A seeming violation of the Rules of Profession Ethics on the part of the commission) Could the rule of law theory cause one to believe that an explanation is in order? Could it be that Hoosier attorneys live under Imperial Law (which is also a t-word that rhymes with infamy) in which the Platonic guardians can do no wrong and never owe the plebeian class any explanation for their powerful actions. (Might makes it right?) Could this be a case of politics directing the commission, as celebrated IU Mauer Professor (the late) Patrick Baude warned was happening 20 years ago in his controversial (whisteblowing) ethics lecture on a quite similar topic: http://www.repository.law.indiana.edu/cgi/viewcontent.cgi?article=1498&context=ilj

  5. I have a case presently pending cert review before the SCOTUS that reveals just how Indiana regulates the bar. I have been denied licensure for life for holding the wrong views and questioning the grand inquisitors as to their duties as to state and federal constitutional due process. True story: https://www.scribd.com/doc/299040839/2016Petitionforcert-to-SCOTUS Shorter, Amici brief serving to frame issue as misuse of govt licensure: https://www.scribd.com/doc/312841269/Thomas-More-Society-Amicus-Brown-v-Ind-Bd-of-Law-Examiners

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