On March 1, 2014, Schultz & Pogue, LLP attorneys Elliott Pinkie, Dan Gearhart, and Katie Pavlica attended the Fayette Regional Health System's 14th Annual Foundation Gala in Connersville, Indiana. The event was a Black & White Masquerade, featuring a silent auction, dinner, live entertainment, and the Endless Summer Band. The Foundation's mission is to provide funding for the FRHS to help support community programs and services that will ensure continued growth in the local community. Schultz & Pogue, LLP is proud to support the Fayette Regional Health System Foundation.
All the legal counsel in the world won't make a difference if your law firm is unable to take your case to court. At Schultz & Pogue, we know how to try cases. In fact, we've earned the business of our clients by our willingness to take your case to trial. With a practice focused on civil litigation, we will provide you with effective, efficient and responsive representation to meet your legal needs. Take some time and get to know us and learn more about the way we work and the impact we've made on our clients, our industry and our community. Give us a call and we'll get working on your case.
Attorneys Tom Schultz and Brandon M. Kimura obtain Summary Judgment in college hazing lawsuit against Wabash College
Tom Schultz and Brandon M. Kimura successfully defended a grant of summary judgment in the Indiana Supreme Court in Yost v. Wabash College et al. The plaintiff, a college freshman, claimed to have suffered a brain injury as a result of hazing at a Wabash College fraternity. The plaintiff also sought an award of punitive damages. The trial court granted summary judgment and the Indiana Court of Appeals affirmed. Following oral argument, the Indiana Supreme Court affirmed upon concluding that the College, as landlord of the local fraternity house, did not have a duty and did not assume a duty to prevent such alleged injury, and the College was not vicariously liable for the local fraternity house. This opinion shifted the focus for Indiana collegiate hazing cases from the anti-hazing statute to issues concerning landowner and vicarious liability.
Three Partners at Schultz & Pogue, LLP have been selected for inclusion in the listings of Indiana Super Lawyers® for 2014. They are as follows: Thomas R. Schultz, General Litigation; Peter H. Pogue, Personal Injury Defense, Medical Malpractice; and Jon M. Pinnick, Personal Injury Defense, Medical Malpractice.
The objective of the publisher of the Indiana Super Lawyers® publication is “to create a credible, comprehensive and diverse listing of outstanding attorneys.” The annual Super Lawyers® selection processes is multi-phased, including independent research, peer nominations and peer evaluations. Up to 5% of the total lawyers in Indiana are selected for inclusion in the listing of Super Lawyers®.
Schultz & Pogue, LLP congratulates its founding members on the 2014 Class of of Indiana Super Lawyers® and recognizes their recent publication in Indiana Super Lawyers® magazine, a supplement to the Indianapolis Monthly magazine.
Brandon M. Kimura Appointed to Executive Committee of Appellate Practice Section of Indy Bar Association
In the fall of 2013, Attorney Brandon M. Kimura was appointed to the Executive Committee of the Appellate Practice Section of the Indianapolis Bar Association. The Executive Committee oversees the Committee’s work to provide a forum to discuss current appellate issues; interact with local appellate attorneys, judges, and justices; provide continuing legal education; host moot oral arguments; and, when appropriate, be the voice of the local appellate bar by filing substantive amicus curiae materials as a “friend of the Court.” At Schultz & Pogue, LLP, Brandon incorporates his understanding of the appellate process and courts into his civil litigation defense work and maintains an active civil appeals practice, as well.
The Defense Trial Counsel of Indiana's (DTCI) 20th Annual Conference and Meeting of the Membership was held in Michigan City on November 21-22, 2013. Schultz & Pogue, LLP attorneys Tom Schultz, Elliott Pinkie, and Dan Gearhart attended and participated in the conference. Elliott presented on behalf of DTCI's Trial Tactics section regarding the effective use of expert witnesses in civil litigation for the defense. Several members of Schultz & Pogue, LLP remain active in DTCI.
Congratulations to Tom Schultz on being inducted as a Fellow in the American College of Trial Lawyers in the fall of 2013. Founded in 1950, the College is composed of the best of the trial bar from the United States and Canada, Fellowship in the College is extended by invitation only and only after careful investigation, to those experienced trial lawyers who have mastered the art of advocacy and whose profession careers have been marked by the highest standards of ethical conduct, professionalism, civility and collegiality. Lawyers must have a minimum of fifteen years trial experience before they can be considered for Fellowship. Membership in the College cannot exceed one percent of the total lawyer population of any state or province. Congradulations to Tom on his acheivement!
Attorney Brandon M. Kimura was published in the November 15, 2013 Edition of The Whisper, the newsletter of the Young Lawyers Committee for the Defense Research Institute (DRI). Brandon's article, "Wingman: How to Second-Chair a Jury Trial," addresses the roles and responsibilities of a young lawer sitting second-chair for the defense. And remember, "Never leave your Wingman."
Partner Elliott Pinkie spoke at the Administrators In Medicine's (AIM) Regional Meeting. AIM is the National Organization for State Medical & Osteopathic Board Executives. The conference was held in Indianapolis on October 28-29, 2013. Elliott represented the interests of the respondent in a panel discussion titled, "Attorneys or Acrobats? Strategies for Balancing Time and Due Process in Administrative Hearings."
Partner Charley Smith presented a continuing legal education program this fall. The program was sponsored by the Indianapolis Bar Association's Litigation Section. Charley presented on retaining and using expert witnesses at trial.
Firm Founder Tom Schultz served as a guest speaker in October at the North Dakota Defense Lawyers Association’s Annual Meeting in Bismarck, North Dakota. Tom spoke on “Voir Dire: Practical Considerations.” In addition, in his capacity as the DRI North Central Regional Director, Tom also spoke on the advantages of DRI membership and upcoming DRI events.
Founding Partner Peter H. Pogue presented to approximately 150 psychiatrists recently at the Indiana Psychiatric Association's Annual Meeting in Indianapolis. The Diagnostic and Statistical Manual of Mental Disorders, Fifth Edition, abbreviated as DSM-5, is the 2013 update to the American Psychiatric Association's (APA) classification and diagnostic tool. The DSM serves as a universal authority for psychiatric diagnosis. Treatment recommendations, as well as payment by health care providers, are often determined by DSM classifications, so the appearance of a new version has significant importance. Peter's presentation focused on legal issues created by the adoption of DSM V in comparison to DSM IV.
Congratulations to Partner David G. Field in obtaining a defense verdict this summer in a medical malpractice jury trial in the Montgomery County Superior Court in Crawfordsville, Indiana. David represented a Surgery Center’s nursing staff in a claim in which the plaintiffs argued that due to negligent positioning during surgery, the patient suffered a neurological injury which resulted in foot drop and permanent lower extremity pain and weakness. After four days of testimony, the jury returned a verdict in favor of the defense.
Attorney Brandon M. Kimura published an article in the national For the Defense magazine (September 2013). For the Defense is the flagship publication of the Defense Research Institute (DRI). Brandon's article concerns how attorneys may build reputations in appellate courts. Brandon is a former law clerk to the Hon. Margret G. Robb, Chief Judge of the Indiana Court of Appeals. In that capacity, he worked closely with Chief Judge Robb and other appellate judges on hundreds of appellate cases. At Schultz & Pogue, LLP, Brandon incorporates his understanding of the appellate process into his professional liability defense work and maintains an active civil appeals practice, as well.
Attorneys David G. Field and Elliott I. Pinkie recently presented at the Indiana Health Care Association's 2013 Convention and Expo. The IHCA is Indiana's largest trade association and advocate representing proprietary, not-for-profit and hospital-based nursing home and assisted living communities, adult foster care and adult day services. During David and Elliott's presentation, Directors of Nursing and Administrators of long term care and assisted living facilities learned about the Indiana Medical Malpractice Act, common injuries and outcomes that frequently lead to claims brought by residents or their families, and the importance of RN, CNA, LPN, witness preparation in long term care litigation. Schultz & Pogue, LLP is an Assoicate Member of the Indiana Health Care Association and practices in the defense of long term care claims.
Tom Schultz, in his capacity as Defense Research Institute (DRI) North Central Regional Director, recently attended the Minnesota Defense Lawyers Association (MDLA) Annual Meeting held in Duluth, MN. Attorney Schultz spoke about the advantages of being an active member in DRI and its Annual Meeting set for October in Chicago. As Regional Director, Tom serves on the DRI Board of Directors and represents Illinois, Indiana, Minnesota, North Dakota, South Dakota and Wisconsin.
Attorney Brandon M. Kimura joined attorneys from across the country eariler this summer at the Defense Research Institute (DRI) Young Lawyers Seminar in Las Vegas, Nevada. While there, Brandon attended seminars regarding trial practice, providing superior service to individual clients and companies, and current issues regarding the defense of professionals. Brandon also spent an afternoon serving at Three Square Food Bank, Southern Nevada’s only food bank. Brandon is an active member of DRI and maintains relationships with attorneys in a variety of practice areas across the country. He has also been invited to write articles for DRI’s publications.
Attorney Kori L. McOmber has been selected by her peers to be included in the 20th Edition of The Best Lawyers in America 2014 (Copyright 2013 by Woodward/White, Inc., of Aiken, S.C.). Kori was chosen for her work in the practice area of Medical Malpractice Law – Defendants. Inclusion in this publication is based on an exhaustive and rigorous peer-review survey. Ms. McOmber was awarded the same recognition in 2013.
On Wednesday, June 26, 2013, Schultz & Pogue, LLP Attorneys Kori L. McOmber and Mary Katherine Pavlica participated in Riverview Hospital Foundation's Heartfelt Thanks Golf Tournament at Pebblebrook Golf Course in Noblesville, Indiana. In addition to sponsoring a foursome at the event, Schultz & Pogue, LLP also sponsored lunch at the event, and sponsored a Tee. Schultz & Pogue, LLP is a proud supporter of the Riverview Hospital Foundation.
Attorneys Elliott I. Pinkie and Mary Katherine Pavlica recently obtained a grant of summary judgment on behalf of a Central Indiana mental health provider. The Plaintiff alleged claims of medical malpractice, false imprisonment, and sought an award of punitive damages. Elliott and Katie relied on Berryhill v. Parkview Hospital, 962 N.E.2d 685 (Ind.Ct.App.2012), the relevant Indiana Code provisions dealing with civil immunity for mental health care providers (I.C. 12-26-2-6), and the pertinent mental health statutes (I.C. 12-26-3-et seq.) in support of the dispositive motion. After extensive briefing and oral argument, the Court granted summary judgment as to all counts of the Complaint.
Several new professionals have joined the legal team of Schultz & Pogue, LLP this past year. Most recently, Chelsi A. Laposi and Colleen A. Campbell are new Paralegals to the firm in May 2013. Chelsi and Colleen will both work in medical malpractice defense.
Attorney Daniel B. Gearhart joined the firm in March 2013. Dan practices in medical malpractice defense, worker's compensation, family law, and employment/labor law.
Attorney Brandon M. Kimura joined the firm in August 2012. Brandon practices in appellate advocacy, and medical malpractice defense.
Attorney Angela J. Della Rocco joined the firm in June 2012. Angela practices in general liability, auto & premises liability, personal injury defense, and commercial litigation.