Nicholas G. Brunette

The court granted our petition for preliminary determination and motion for summary judgment in favor of our allergist client on a statute of limitations issue regarding a minor with a non-latent disease.

Summary judgment obtained in favor of retailer in a wrongful death case.

The Indiana Supreme Court affirmed the Monroe County Circuit Court’s dismissal of a negligence lawsuit against our construction company client.

Argued in front of the Indiana Court of Appeals to reverse a denial of summary judgment in a premises liability case based upon judicial estoppel.

Summary Judgment for Nurse Staffing Company after prevailing before the medical review panel and Plaintiff failing to designate proper expert evidence to prosecute the case.

Petition for Preliminary Determination Granted to Compel/Dismiss for failure to comply with Court orders after receiving transfer of the file from another law firm.

Summary Judgment for Dental Practice based on the failure to timely file the complaint.

Petition for Preliminary Determination Granted to Compel/Dismiss for failure to comply with Court orders. 

Summary Judgment for a Long-Term Care Facility following Plaintiff’s failure to timely respond to Requests for Admission.  The Court denied counsel’s motion to withdraw and amend after considering post hearing briefs and entered judgment in favor of the facility.

Summary judgment for Defendant following Plaintiff’s failure to timely respond to Requests for Admission regarding liability defenses in accident involving police cruiser.

Prosecution of premises liability claim against the U.S. government, resulting in nearly $900,000 award for damages.

Marigold Overshiner and Earl Overshiner, Individually and as Parents and Guardians of their Minor Daughter, Kaitlyn Overshiner, and Kaitlyn Overshiner, v. Hendricks Regional Health and Ian Johnston, M.D

Indiana Supreme Court denied transfer upholding the decision by the Court of Appeals affirming a directed verdict in favor of defendant hospital and physician following a jury trial alleging blindness to an infant.

Successfully obtained summary judgment on behalf of an insurance brokerage firm facing claims that they failed to procure, advise, and were otherwise negligent regarding a stop-loss insurance and laser policy for a governmental entity.

Marigold Overshiner and Earl Overshiner, Individually and as Parents and Guardians of their Minor Daughter, Kaitlyn Overshiner, and Kaitlyn Overshiner, v. Hendricks Regional Health and Ian Johnston, M.D.

Indiana Court of Appeals affirmed judgment in favor of the defendant hospital and physician following a jury trial alleging blindness to an infant.

Medical malpractice case alleging blindness, cerebral palsy and other injuries due to hyperbilirubinemia.

Dental malpractice case alleging a dislocated jaw during tooth extractions

Defense of Orthopedic Practice by medical board investigation for failure to provide emergency orthopedic care

Defense of alleged negligent psychiatric care case

Defense of medical malpractice case involving multiple hospital falls 

Defense of product liability claim 

Defense of negligent servicing claim

Defense of medical malpractice claim alleging urethral tear during cystoscopy. 

Defense of medical malpractice case involving alleged traumatic brain injury as a result of an anaphylactic reaction during a colonoscopy. 

Defense of medical malpractice wrongful death case involving stillborn infant during caesarian delivery. 

Arbitration defense of dental liability. 

Plaintiff alleged hospital negligently failed to have a policy or procedure for treating patients with acute chest pain causing plaintiff to have a myocardial infarction while awaiting transfer to another hospital 

Plaintiff alleged family practice physician negligently prescribed Augmentin to a patient with a penicillin allergy allegedly causing hypoxic ischemic encephalopathy and short-term memory loss. Jury Demand: $800,000. 

Plaintiff alleged neurosurgeon negligently performed a cervical discectomy and posterior laminectomy causing permanent paralysis and eventual leg amputation. Jury Demand: $2,500,000.

Plaintiff alleged endodontist negligently drilled hole in the incorrect tooth causing damage to a pre-existing bridge and requiring significant reconstruction. 

Plaintiff alleged prostodontist negligently created her dentures and refused to refund her money.

Defense of endocrinology practice for a prescription error

Defense of legal malpractice claim for failing to timely file a complaint arising out of an automobile collision, causing property damage and bodily injury

Plaintiff alleged defendant orthopaedic practice’s x-ray technologist breached the standard of care in her assessment of patient who fell during a standing x-ray and suffered catastrophic injuries.

Defense of legal malpractice claim for failing to obtain approval of a sewer cost-recapture agreement, causing $300,000 in damages

Plaintiff alleged defendant urologist breached the standard of care during a kidney stone removal procedure that resulted in a perforated ureter.

Defense of legal malpractice claim for failing to properly represent plaintiff in an estate, trust, real property and lease matter

Defense of legal malpractice and false arrest/false imprisonment claim dismissed and ruled frivolous by the trial court. The plaintiff appealed, and on June 16, 2010, the Indiana Court of Appeals affirmed the dismissal, including the trial court’s findings that the complaint was frivolous. The Indiana Supreme Court then denied transfer on March 29, 2011. 

Plaintiff alleged the defendants negligently maintained a sidewalk causing her to fall and suffer significant injuries.        

Plaintiff alleged utility company was responsible for interruption in service and cost to install new conduit and other electrical fixtures for utility service at The Village Shopping Center. 

Defense of grievance for alleged improper distribution of an estate.

Defense of medical malpractice claim for alleged prescription caused death

Defense of grievance filed for alleged failure to comply with the applicable rules of professional conduct. 

Defense of licensing complaint filed by agency for failure to report settlement. 

Defense of federal claim against City and police officer for alleged authorized entry into a home without a warrant in search of a missing boy; and for injuries to the plaintiff. 

Defense of medical malpractice claim for alleged failure to diagnose pancreatic cancer. 

Prosecution of a breach of contract claim on behalf of a medical group against former employee after he breached his employment contract, in part by using the group’s funds for personal expenditures. 

Plaintiff alleged that defendant dentist breached the standard of care during his restorations of carious lesions. 

Plaintiff alleged neurologist breached the standard of care during her treatment.

Plaintiff alleged dentist breached the standard of care during his dental treatment of the plaintiffs.

Plaintiff alleged that the defendants breached the standard of care in treating her fractured left arm.

Plaintiff alleged that defendant dentist breached the standard of care during his dental treatment of the plaintiffs.

Plaintiff alleged that defendant Orthodontist  breached the standard of care by leaving a deciduous tooth in place.

Plaintiff alleged that plastic surgeon wrongfully withheld a patient’s insurance funds.   

Plaintiff alleged that defendant gastroenterologist breached the standard of care in failing to appropriately perform an endoscopy.