CONTACT
Email: tschultz@schultzpoguelaw.com

ASSISTANT - Phyllis McLinn
Direct Dial: 317-333-8434
Email: pmclinn@schultzpoguelaw.com

Principal Partner

Fellow, American College of Trial Lawyers

Registered Mediator

PRACTICE AREAS

• Products Liability

• Medical Malpractice

• Employment

• Nursing Home Malpractice

• Commercial Litigation

• Governmental Liability

• Construction Law

• Auto and Premises Liability Matters

EDUCATION

• Indiana University School of Law (J.D., 1987)

• Indiana University (1984)

Mr. Schultz is a seasoned trial attorney throughout the state of Indiana in both federal and state courts with over 65 civil jury trials to his credit and numerous bench trials. He has also argued and presented briefs to the Indiana Supreme Court, Indiana Court of Appeals and the Seventh Circuit Court of Appeals.  Mr. Schultz is a past member of the Board of Directors for the Defense Research Institute as the North Central Regional Director, the international organization of attorneys defending the interest of business and individuals in civil litigation.  Mr. Schultz is a Past President of the Defense Trial Counsel of Indiana, the largest organization of civil defense trial lawyers in the state.  Mr. Schultz was named Defense Lawyer of the Year for 2011 by the Defense Trial Counsel of Indiana and was recognized for his contributions to the defense bar by receiving the Diplomat Award in 2015.  He is also a Past President of the American Board of Trial Advocates (ABOTA), Indiana Chapter.  Mr. Schultz is a member of the Association of Defense Trial Attorneys (ADTA).  He has been recognized as one of the top Indiana lawyers by being named as a “Super Lawyer” for 12 consecutive years.

Selected Cases, Defended to Verdict, Dismissal or Settlement

Product Liability

Scroghan v. Reenco.  (Federal District Court, Indianapolis, Indiana). Defended manufacturing facility where plaintiff lost three fingers on a press and alleged defective design and failure to warn.  After a four day jury trial, a defense verdict was returned. 

Moore v. Procraft, Inc. (Henry Circuit Court, Indiana).  Represented defendant in a personal injury and property damage claim, whereby plaintiffs alleged that mold developed in their home as a result of product applied by defendant.  Plaintiffs claimed personal injury and also claimed that the home was no longer inhabitable.  A defense verdict was returned for Procraft. 

Bourne v. Marty Gilman, Inc., 452 F.3d 632 (7th Cir. 2006).  Summary judgment was obtained for defendant. Plaintiff was rendered a paraplegic as a result of a goal post falling on him following a football game at Ball State University. Plaintiff claimed the goal post was defective in its design and manufacture.   This matter was argued before the 7th Circuit Court of Appeals and the summary judgment was affirmed.

Rupert v. Machine Tool Corporation, 661 N.E.2d 626 (Ind. Ct. App. 1985).  Plaintiff sued manufacturer of chuck and lathe arguing that both were defective and proximately led to personal injury.  Summary judgment for defendant was affirmed.

In re Beta Steel Litigation.  (Porter and Lake County, Indiana).  Defended testing company in regard to explosion of high pressure vessel at the Beta Steel Mill in northern Indiana.  The cases involved nine personal injuries and three wrongful death claims.  A minor settlement was paid on behalf of the testing company as part of a global settlement, the terms of which are confidential.

Defamation

Toth Irvin v. Dixon.  (Delaware Circuit Court, Indiana).  Defended individual who was sued for compensatory and punitive damages surrounding statements made regarding a proposed multi-million dollar construction project for Muncie School Corporation. A defense verdict was returned for Dixon. 

Conwell v. Beatty, 667 N.E.2d 768 (Ind. Ct. App. 1987).  Defended sheriff in defamation and malicious prosecution case.  Summary judgment was obtained for the defendant and was affirmed on appeal.

Highway Design

Beam v. Jennings County.  (Jennings Circuit Court, Indiana).  Defended County in case where plaintiff alleged approach to a bridge was defective which proximately caused significant personal injury.  Judgment on the evidence was found for the county. 

Lane v. Boone County (Montgomery Circuit Court, Indiana).  Plaintiffs sued Boone County alleging defective signage at an intersection which proximately caused personal injuries, including head injuries.  The jury returned a defense verdict for Boone County. 

Pittsford v. Madison County.  (Madison Superior Court, Indiana).  Plaintiff filed a personal injury action claiming that a sign was defectively erected which proximately caused personal injury to plaintiff.  A jury verdict was returned for Madison County. 

Anderson v. Jasper County.  (Jasper Circuit Court, Indiana).  Defended County in a brain damage claim where plaintiff was a passenger in a motor vehicle and alleged that the roadway was negligently designed and signed.  The jury returned a defense verdict for the County.

Medical Malpractice

Riedy v. Zollman.  (Marion Superior Court, Indiana).  Plaintiff brought suit alleging medical malpractice and claiming that a breast reduction was negligently performed.  A jury verdict was returned in favor of the defendant physician.

Jennings v. Pryor.  (Hamilton Superior Court, Indiana).  Defended a medical malpractice case against an orthopedic surgeon in which it was alleged that plaintiff suffered permanent injuries to his lower extremity.  A jury verdict was returned in favor of the defendant.

Buckowski v. Fefferman.  (St. Joseph Superior Court, Indiana).  Defended orthopedic surgeon wherein as a result of complications, a plaintiff became a paraplegic.  A defense verdict was rendered in favor of the physician. 

Vandenbergh v. Spine Surgeon.  (Lake Superior Court, East Chicago, Indiana).  Defended orthopedic spine surgeon in an alleged medical malpractice case.  Plaintiff claimed that the spine surgeon negligently performed an L5-S1 spine fusion surgery and caused permanent nerve injury.  A defense verdict was entered in favor of the surgeon.

Miscellaneous Litigation

Moore v. Mount Vernon Community School Corporation.  (Hancock Superior Court, Indiana).  Defended school corporation in a personal injury action brought by plaintiff who suffered a significant fractured ankle.  The jury returned a defense verdict for the school corporation.

Czubakowski v. Hartford Insurance, et al.  (Marion Superior Court, Indiana).  Defended underinsured motorist claim in a child dart-out case.  The jury returned a defense verdict for the defense. 

Koppin v. Stroh, 761 N.E.2d 455 (Ind. Ct. App. 2002).  Firefighters sued Township arguing that the interpretation of the military leave of absence statute was violated by the township policy.  Summary judgment for the plaintiff was reversed and judgment was entered in favor of the defendant township.

Indiana Swimming v. Stopkotte.  Represent Indiana Swimming in an action against a well known Indiana High School swim coach claiming falsification of time and results.  Ultimately the coach was banned from coaching anywhere for three years and from coaching in Indiana for five years.