Archive for 2010

December 30th, 2010

Indiana Court of Appeals Holds That Plaintiffs In Underinsured Motorist Claims May Obtain Pre-Judgment Interest In Excess of Their Policy Limits

On December 30, 201o, the Indiana Court of Appeals held that Plaintiffs in underinsured motorist claims may obtain pre-judgment interest in excess of their policy limits.  The holding was issued in the matter of  Inman v. State Farm Mutual Automobile Insurance Co., 41A01-1005-CT-225.   The opinion reverses the decision of the Johnson Superior Court that had denied pre-judgment interest folllowing a jury trial and entry of judgment

December 27th, 2010

Indiana Court of Appeals Holds That Insureds Are Not Entitled To Recover Damages for Emotional Distress Damages When They Do Not Suffer An Impact

In Taele v. State Farm Insurance, 936 N.E.2d 306 (Ind.Ct.App. 2010), the Indiana Court of Appeals held in a 2-1 decision that an insured is not entitled to recover damages for emotional distress in asserting an uninsured motorist claim when they do not suffer an “impact.”   Judge Crone authored a very persuasive dissent that it makes little sense to allow an insured to assert a

December 27th, 2010

Indiana Supreme Court Holds That A Plaintiff May Present Alternative Wrongful Death and Survival Claims To A Jury Under Indiana Law

In Cahoon v. Cummings, 734 N.E.2d 535 (Ind. 2000), the Indiana Supreme Court held that a medical malpractice plaintiff may present both a wrongful death action and a survival action to a jury where the issue of causation of the death was in dispute. The jury is then to be instructed that they are to return a verdict for the plaintiff under either, but not

December 27th, 2010

Indiana Supreme Court Clarifies Non-Party Defense In Affirming Plaintiff’s Product Liability Jury Verdict

In TRW, Inc. v. Moore, 936 N.E.2d 201 (Ind. 2010), the Indiana Supreme Court affirmed a several million dollar jury verdict against Ford Motor Company.  The case was a product liability action alleging that Ford was negligent in designing its seatbelt system and that the defect was a proximate cause of the death of the Plaintiffs’ father and husband.  The Indiana Supreme Court reversed the

December 23rd, 2010

Two Juries Rule Against Doctors in Medical Malpractice Actions

Two Lancaster County, Pennsylvania juries recently ruled against two local doctors accused of making surgical mistakes.
Dr. John Schantz and Plastic Surgery Associates of Lancaster were ordered to pay $2.7 million in a verdict handed down following a trial last week.
In a separate trial, Dr. Carl Becker II was ordered to pay $345,000 by another jury.
In the first case, involving Schantz, Conde Santiago, then 26,

December 16th, 2010

Group, Mother Sue McDonald’s Over Happy Meals

A Sacramento, California mother and the Center for Science in the Public Interest filed a lawsuit Wednesday against McDonald’s Corp. alleging that its practice of giving toys with children’s meals is deceptive to children and harms their health by encouraging unhealthy eating. 
Hovde Dassow & Deets is an Indianapolis, Indiana law firm that specializes in plaintiff’s personal injury, medical malpractice, and product liability claims throughout

December 16th, 2010

Indiana Court Enters Judgement Ordering Defendant To Pay Five Million Dollar ($5,000,000) Wrongful Death Verdict

A judge has ordered Shawn Devine to pay the family of Mishawaka Police Officer $5,000,000 in damages for his wrongful death.  The Estate of James Szuba filed the wrongful death suit against Devine in May of 2010.  The suit sought damages for the losses suffered by Officer Szuba’s surviving wife and dependent daughter.  His 22 year old son was not a dependent and is not

December 4th, 2010

Nick Deets of Hovde Dassow & Deets Becomes President of the Indiana Chapter of American Board of Trial Advocates (ABOTA)

On December 3, 2010, Nick Deets, an attorney with Hovde Dassow & Deets in Indianapolis, Indiana, became the President of the Indiana Chapter of the American Board of Trial Advocates  (ABOTA). 
ABOTA’s purpose is to foster improvement in the ethical and technical standards of practice in the field of advocacy to the end that individual litigants may receive more effective representation and the general public be benefited

December 1st, 2010

Nick Deets Interviewed By “America’s Premier Lawyers Series” Regarding The Indiana Medical Malpractice Verdict In Stacey Riley v. Paul Kwo M.D.

Attorney Nick Deets of Hovde Dassow & Deets was interviewed for the Radio Series “America’s Premier Lawyers” regarding the medical malpractice verdict he received in the trial of Stacey Riley v. Paul Kwo M.D.  The interview can be accessed by using this link:  http://lbishow.com/index.php?option=com_content&view=article&id=293:qame.  The article below accompanied Nick’s interview on the Series’ website. 
Nicholas D. Deets is highly distinguished lawyer and a principal with Hovde Dassow

November 28th, 2010

Indiana Court of Appeals Holds That Insured Waived Undersinsured Motorist Claim By Settling With At Fault Driver Without Consent

In Cincinnati Insurance Co. v. Adkins, 935 N.E.2d 190 (Ind.Ct.App. 2010), the Indiana Court of Appeals held that an insured had waived her underinsured motorist claim by settling without the at-fault driver without the consent of the UIM insurer.  Underinsured motorist claims in Indiana are governed by Ind. Code 27-7-5-et seq.  which requires an insured to give notice to the UIM carrier of a proposed settlement

Hovde Dassow + Deets is an Indianapolis-based law firm specializing in Personal Injury Law. Our attorneys practice in the following areas of personal injury law: Truck + car accidents, Medical malpractice, Drug liability, Wrongful death claims, Construction accidents, Nursing home injuries, Injuries to children, Pharmacy + prescription errors, ATV injuries, Defective product claims, Consumer class action, Aviation incidents, Train-crossing accidents. Hovde Dassow + Deets is based in Indianapolis, IN and serves clients and potential clients in the following areas and beyond:

  • Adams County
  • Allen County
  • Anderson, IN
  • Bartholomew County
  • Benton County
  • Blackford County
  • Bloomington, IN
  • Boone County
  • Brown County
  • Carmel, IN
  • Carroll County
  • Cass County
  • Clark County
  • Clay County
  • Clinton County
  • Columbus, IN
  • Crawford County
  • Crawfordsville, IN
  • Crown Point, IN
  • Daviess County
  • DeKalb County
  • Dearborn County
  • Decatur County
  • Delaware County
  • Dubois County
  • East Chicago, IN
  • Elkhart, IN
  • Elkhart County
  • Evansville, IN
  • Fayette County
  • Floyd County
  • Fort Wayne, IN
  • Fountain County
  • Frankfort, IN
  • Franklin, IN
  • Franklin County
  • Fulton County
  • Gary, IN
  • Gibson County
  • Goshen, IN
  • Grant County
  • Greene County
  • Greenfield, IN
  • Greenwood, IN
  • Hamilton County
  • Jennings County
  • Johnson County
  • Knox County
  • Kokomo, IN
  • Kosciusko County
  • LaGrange County
  • La Porte, IN
  • LaPorte County
  • Lafayette, IN
  • Lake County
  • Lawrence, IN
  • Lawrence County
  • Lebanon, IN
  • Logansport, IN
  • Madison County
  • Noblesville, IN
  • Ohio County
  • Orange County
  • Owen County
  • Parke County
  • Perry County
  • Pike County
  • Portage, IN
  • Porter County
  • Posey County
  • Pulaski County
  • Putnam County
  • Randolph County
  • Richmond, IN
  • Ripley County
  • Rush County
  • Scott County
  • Seymour, IN
  • Shelby County
  • Shelbyville, IN
  • South Bend, IN
  • Spencer County
  • St. Joseph County
  • Starke County
  • Steuben County
  • Sullivan County
  • Switzerland County
  • Terre Haute, IN
  • Tippecanoe County
  • Tipton County