Published 2-2-2023

A sneak peak at the February 2023 edition (24 IJVR 2) coming next week.

Published 2-1-2023

Horseshoe Hammond prevails in a premises liability trial in Lake County

The plainiff was entering the elevator in the parking garage at the Horseshoe Hammond casino when she alleged the door closed too quickly and knocked her to the ground. Plaintiff sued Horseshoe and the elevator manufacturer. The defendants denied fault.

A Lake County jury returned a defense verdict. Report coming in the February 2023 edition.

Benjamin Fryman and Robert Schwerd (Schwerd Fryman & Torrenga) Valparaiso for the plaintiff

Kevin Schiferl (pictured) and Blake Shelby (Frost Brown Todd) Indianapolis defending

Judge Sedia on the bench

Published 1-27-23

A sneak peak at the January 2023 edition, 24 IJVR 1

Subscribe to the Indiana Jury Verdict Reporter (link to the online store) and read all the verdicts . . .

Published 1-16-23

Correction to the January 2023 edition

We incorrectly identified the attorneys for the plaintiff in the case of Yun v. Fitting (Marion County) in the January edition, 24 IJVR 1.

The report should read as follows:



Published 11-7-22

$4,000,000 Icy Slip and Fall Verdict in Hendricks County against Menard

The lead story this month involves the case of a plaintiff who slipped in snow and ice at a Menard store in Avon. She suffered a complex ankle fracture in the fall. She took an award of $4,000,000, assessed $3.8 million to Menard (95% fault) and $200,000 (5% fault) to a snow removal surface. Details in the November issue on the verdict and post-trial motions.

Michael Phelps, Phelps Wood, Indianapolis and Kevin Hinkle, Danville for the plaintiff

Leslie Pollie, Kopka Pinkus Dolin, Carmel for Menard; Angela Freel, jackson Kelly, Evansville for Fisher's Lawn Care

Judge Mark Smith on the bench

Images of the plaintiff's injury

10-25-22

Purdue has moved for a New Trial in the Nancy Roe Title IX case

On 9-23-22 a jury in Hammond awarded a Nancy Roe plaintiff $10,000 in a Title IX case against Purdue. She was kicked out of school when she accused of faking a claim of a sexual assault. Roe had been intoxicated at the time of the purported sexual assault.

Purdue moved for a new trial this week and advanced a variety of arguments including that the verdict was inconsistent. Read the entire motion below. Purdue has also appealed.

The plaintiff has also moved for injunctive relief to require Purdue to remove adverse inferences from her academic record, notably, that she was suspended and didn't complete her academic work.

All motions are pending.

Case Documents:

Purdue's Motion for a New Trial

Published 10-8-22

Indiana October 2022 is out . . .

The October 2022 preview is out . . .

Published 10-5-22

Purdue student said she was improperly expelled and suspended in violation of Title IX after she reported a sexual assault by a fellow student. A federal jury in Hammond found for her and awarded $10,000 in damages.

A Purdue sophomore, alleged she was sexually assaulted by a fraternity man during Grand Prix week when she was too drunk to consent. She complained to Purdue which conducted an investigation and concluded she was lying. She was expelled from school, the expulsion later being reduced to a two-year suspension.

Plaintiff (proceeding as a pseudoynmous Nancy Roe plaintiff) sued Purdue and alleged its conduct represented a Title IX violation and two administrators (Katherine Semersheim and Alysa Rollock) denied her due process. The heart of her case was that she was too drunk to consent. Purdue defended that plaintiff was lying and cited (1) an audiotape the fraternity man had surreptitiously made of the encounter, and (2) she had consensual sex with the man again the next day.

The jury found last week for plaintiff on the Title IX claim and awarded her $10,000 in economic damages. The jury also found against both administators on due process and that they acted recklessly or with malice. However the jury did not award damages against these defendants. The verdict then totaled $10,000. At a protest last week on campus after the verdict, students asked for the resignation of Semersheim and Rollock.

Full report coming in the October 2022 edition.

Barry Macey and Jeffrey Macey (Macey Swanson) for the plaintiff

William Kealey and John Harrison, III (Stuart & Branigan) for Purdue.

Judge John Martin tried this Lafayette case that was heard in Hammond.

Case Documents:

Pretrial Order

Summary Judgment Order

Preliminary Jury Instructions

Jury Verdict

The key liability instruction

The primary "preliminary" instruction:

Published 10-4-22

Black Forest River employee fired after his mom called a company hotline to report his boss referred to him by the n-word

$560,000 verdict in South Bend including $535,000 in punitive damages

Plaintiff, Trevon Hollins, who is black, worked in shipping for Forest River in Elkhart. He alleged he was fired a month after his mother called a company hotline to report his boss used the "n-word" to refer to him. Forest River defended Hollins let go because of loafing.

Hollis sued and alleged retaliation. He prevailed and took $560,000 which included $35,000 in compensatory damages. Verdict returned 9-8-22.

Full report coming in the October 2022 edition.

Edward Chester and Patrick O'Leary for the plaintiff

John Kuehn, Jesse Barrett and Patrick O'Rear (LaDue Curran & Kuehn) defending

Judge Jon DeGuilio on the bench

Case Documents:

Pretrial Order

Jury Verdict

Published 9-20-22

A sneak peak at the September 2022 edition