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TOM SCHULTZ’ 70TH CIVIL JURY TRIAL

Congratulations to Tom Schultz in obtaining a defense verdict in a jury trial in Hendricks County Superior Court 4.  The Plaintiff claimed that she suffered a traumatic brain injury when an acrylic cover in a tanning bed fell on her and rendered her unconscious.  In using an exemplar tanning bed in the courtroom, Mr. Schultz was able to show that plaintiff’s claims were without merit. The jury returned a defense verdict in under one hour.


DAVID FIELD OBTAINS DEFENSE VERDICT

Duncan v. M.D., (Marion Superior Court).  Defended an OB/GYN in a claim involving an alleged negligently performed third stage of labor resulting in a uterine inversion, emergent surgery for uterine replacement, and claims that this caused pelvic floor dysfunction and the subsequent need to undergo pelvic floor reconstruction surgery and, ultimately, a hysterectomy.  Despite a majority of the Medical Review Panel (2-1) finding against the OB/GYN and testimony from those Panel Members at trial, David obtained a defense verdict after a four (4) day jury trial.


MAY 27, 2020 ARTICLE PUBLICATION

Charley Smith and Jon Bucher co-author DTCI: Avoiding Trial by Ambush published in The Indiana Lawyer.


PETER POGUE RECOGNIZED AS THE 2019 INDIANA DEFENSE LAWYER OF THE YEAR

This award from the Defense Trial Counsel of Indiana recognized Mr. Pogue for the two significant medical malpractice defense verdicts he obtained this year along with his significant contributions to the Defense Bar.


CONGRATULATIONS TO TOM SCHULTZ

Who recently received a defense verdict in a jury trial in Marion County.  Mr. Schultz defended a local hotel in a premises liability case. The demand was $1 million before trial. This was Mr. Schultz’s 68th civil jury trial of his career and the third for 2019.


TOM SCHULTZ AND JON BUCHER OBTAIN DEFENSE VERDICT IN MARCH 2019 JURY TRIAL

 Tom Schultz and Jon Bucher recently secured a defense verdict in a questionable liability case. The case stemmed from a motor vehicle accident that occurred on September 1, 2016, at the intersection of Washington Street and Elm Street in downtown Muncie, Indiana. The Defendant was accused of failing to yield the right of way to the Plaintiff, who was traveling eastbound on Washington Street, while the Defendant was stationary at a stop sign, facing northbound on Elm Street. The Plaintiff alleged that Defendant pulled out into the intersection, striking her vehicle in somewhat of a “T-bone” fashion. The Defendant denied that was the case, and that it was the Plaintiff who veered her automobile into his stationary vehicle, which also required her to cross into a bike lane. The collision caused damage to the passenger side of the Plaintiff’s automobile, with scrapping to the front of the Defendant’s vehicle. The Plaintiff claimed a rotator cuff tear (requiring surgery) as a result of the accident.

 The Plaintiff’s last demand before trial was $250,000. The jury returned a defense verdict.


Schultz & Pogue, LLP named one of Indiana’s Best Law Firms in U.S. News & World Report for 2019


SCHULTZ & POGUE OBTAINS SIGNIFICANT HOA APPELLATE VICTORY

Tom Schultz recently secured a favorable opinion by the Indiana Court of Appeals. In a case of first impression, the Court of Appeals addressed whether an exculpatory clause insulating a homeowner’s association (HOA) from liability for failure to carry out its duties was enforceable.  

The case stemmed from a dispute between HOA and several residents.  As part of the covenants and restrictions, the HOA was charged with the upkeep of common areas and with enforcement of the subdivision’s restrictions.  However, an exculpatory clause in the covenants provided that the HOA could not be held liable for damages of any kind for failure to abide by or carry out any of the covenants.  The residents filed suit against the HOA, claiming that the HOA was responsible for failing to remedy drainage problems which allegedly caused hundreds of thousands of dollars in damage to their homes.  The defense team argued that the exculpatory clause barred the residents’ claim. 

Ultimately, the Morgan Superior Court entered summary judgment in favor of the HOA, finding that the exculpatory clause barred the residents’ complaint.  The residents appealed the decision, arguing that the exculpatory clause was unconscionable and unenforceable as against public policy.  In a published opinion, the Court of Appeals agreed with the arguments of defense counsel, determining that the exculpatory clause was enforceable and affirming the award of summary judgment in favor of the HOA. 

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Schultz & Pogue, LLP named one of Indiana’s Best Law Firms in U.S. News & World Report for 2018


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TOM SCHULTZ AND JON BUCHER OBTAIN FAVORABLE VERDICT IN RANDOLPH COUNTY

Tom Schultz and Jon Bucher recently obtained a favorable verdict in a difficult liability case. The case stemmed from a June 13, 2015, motor vehicle accident, in which the Defendant (represented by Mr. Schultz and Mr. Bucher) was accused of failing to yield the right of way to the plaintiff, driver of a semi-tractor trailer. Specifically, the Defendant’s automobile collided with the tractor-trailer as the Defendant merged into an eastbound, straightaway lane from an adjacent center turn lane. The Plaintiff fractured the fourth metacarpal in his left hand (ring finger) as a result of the impact. Based on the circumstances, the jury found the defendant was 100% at fault.

However, and prior to trial, the plaintiff made a demand of $100,000.00 for full and final settlement. This seemed excessive, as Plaintiff’s total billed medicals (without considering adjustments) was approximately $3,500.00, with lost wages at a value of around $5,000.00. This is in addition to the nature of the injury, as there was some question as to the true extent of the Plaintiff’s pain and suffering. Defense counsel knew liability was an uphill battle, as there was an issue of fact regarding whether the Defendant acted reasonably (under the circumstances) when changing lanes. Moreover, it was determined there was value in allowing the jury to see that the Plaintiff was driving a large semi-tractor trailer, while the Defendant was operating a small, mid-sized SUV.

Interestingly, the Plaintiff decided to not introduce evidence of his medical bills and lost wages. The crux of the Plaintiff’s case was based on liability and subsequent pain and suffering. Through cross-examination of the Plaintiff’s medical expert, among other pieces of evidence, defense counsel were able to persuade the jury that the extent of the Plaintiff’s pain and suffering was significantly less than the $100,000.00 demand. In fact, and in the event the Defendant was found liable, the jury was charged with “using common sense” in evaluating the Plaintiff’s claim. As a result, the jury returned a significantly reduced verdict and awarded $12,500.00 to the Plaintiff.


FOUR SCHULTZ & POGUE PARTNERS NAMED "SUPER LAWYERS"

Partners Tom Schultz, Peter Pogue, Jon Pinnick, and David Field have been named 2017 Indiana  Super Lawyers.  Mr. Pogue, Mr. Pinnick, and Mr. Field were named Super Lawyers in the Medical Malpractice Defense section, and Mr. Schultz was name a Super Lawyer in General Litigation. 


PETER H. POGUE PRESENTS ON CLOSING ARGUMENTS IN MEDICAL
MALPRACTICE CASES FOR ICLEF

Peter H. Pogue teamed with noted plaintiff's medical malpractice trial attorney Kathy A. Lee to present at an ICLEF seminar on closing arguments in medical malpractice cases.  Mr. Pogue presented tips on closing and a mock closing argument for the defendant doctor in an agreed upon fact pattern.  Ms. Lee presented for the plaintiff.  The seminar was part of the ICLEF Master's Series on litigation.

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TOM SCHULTZ TESTIFIES BEFORE THE INDIANA LEGISLATURE ON
JUDICIAL SELECTION

Tom Schultz was recently asked by the Defense Trial Counsel of Indiana (DTCI) to appear before the Committee on Courts of the Indiana House of Representatives to testify in support of House Bill 1036. The Bill has been offered as a solution on how Marion County judges are selected. The current system was declared unconstitutional by the 7th Circuit Court of Appeals and Indiana has until 2018 in which to develop a new system.  House Bill 1036 establishes a 14 member Marion County judicial selection committee as a key element of selecting new judges. This is the second year in a row that Mr. Schultz has been asked to speak on behalf of DTCI concerning judicial selection.