General Liability/Surplus Risks

Obtained defense verdict in favor of snow removal company against claims of negligence.

A remediation company in their work on a burnt down house disposed of a dehydrator that was the possible cause of the fire. After disposal and after looking to pursue a product liability action against the dehydrator manufacturer, the insurer for the homeowner brought suit against the remediation company for spoliation. The trial court dismissed the case finding the circumstances do not implicate third-party spoliation. The Court of Appeals in Indiana, after oral argument in May 2023, affirmed the decision. The Supreme Court of Indiana vacated the Court of Appeals opinion, and after oral argument (November 2023), affirmed the decision of the trial court dismissing the case against the remediation company in a 4-1 to decision.

Obtained directed verdict in favor of our auto service client. The case involved allegations of negligent auto repair, and a claim that the Plaintiff did not consent to the work performed.

Obtained a favorable settlement in a general liability action related to alleged negligent entrustment of vehicle.

Obtained voluntary dismissal in a general liability matter.

Defended retailer against traditional claims of negligence/premises liability.

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

Plaintiff’s estate brought suit against a city alleging negligence in the operation of the city’s Old Fashioned Days festival and the execution of an eating contest.

Client operated an agritourism business focusing on guided horseback rides in Barren County, Kentucky. Plaintiff fell from her horse during her participation in the ride, suffering injury. She proceeded to bring suit against the client, claiming it was negligent in maintaining the horse’s saddle and tack, among other allegations of negligence. After successfully obtaining summary judgment in the Barren Circuit court on the basis of a pre-injury waiver signed by the Plaintiff prior to her participation, the Plaintiff appealed to the Kentucky Court of Appeals. The Kentucky Court of Appeals, through published opinion, affirmed summary judgment granted on behalf of the client by the Barren Circuit court, pertinently holding that the pre-injury waiver signed by the Plaintiff prior to her fall was enforceable under the strict common law standard.

Arbitration defense truck repair facility against claim of unauthorized and negligent work.

Plaintiff was injured when he was struck by a waste cart that had rolled off of a platform located on the outside of a manufacturing facility in Georgetown, KY. The Plaintiff filed suit against he manufacturing company, a staffing agency, and a temporary worker. Summary Judgment was granted in favor of the temporary worker and the staffing agency as they did not have sufficient control of the premises to be liable.

Obtained dismissal of breach of contract complaint for lack of personal jurisdiction.

The Plaintiff sued a construction company, professional contractors, and its insurer for property damages arising out of an alleged negligent roof installation and/or roof design. We successfully procured a dismissal on behalf of the insurer after briefing a Motion to Dismiss based on the exclusionary language in the policy for a covered cause of loss and a contractually agreed upon timeframe within which a suit could be filed.

Successfully defended trampoline park against claim of injury on premises.

Successfully defended Auto-Care Center against negligence claim.

We defended housing management company against claim of property damage related to stormwater. We obtained a dismissal based on statute of limitations and failure to prosecute.

Defense of a DNA testing and reporting entity on claims that pre-natal paternity testing results were fraudulently misrepresented to Plaintiff, and related claims for loss of parental consortium on behalf of minor plaintiff. Motion for Judgment on Pleadings was granted in favor of client on all claims, as Plaintiffs’ claim for fraudulent misrepresentation was not plead with sufficient particularity, and claim for loss of parental consortium did not exist under applicable law.

Summary judgment granted in favor of a mobility company on negligence claims.

Represented client during Ohio Attorney General’s Office investigation concerning charitable spending, obtaining a dismissal of the investigation with a finding of no wrongdoing.

Successfully obtained partial summary judgment on “no pay, no play” statute establishing that the plaintiff is only entitled to economic damages arising out of a motor vehicle accident.

Successfully defended client regarding anti-discrimination housing policy.

Represented auto repair shop in negligence case.

Defense of fast food restaurant against claims of negligence and products liability.

Defense of alleged property damages and theft from a moving company.

Motion to Dismiss granted in a negligence action where Plaintiff alleged he was injured by a lightning strike.

Defense of alleged damages as a result of eviction from residential property.

Summary judgment granted for our client, a Hotel, in a negligence action where Plaintiff alleged that he slipped and fell in the lobby.

Defense of claim alleging negligence to properly maintain store entrance from accumulation of ice and snow.

Defense of company in store security case. Motion for summary judgement granted in favor of company after Plaintiff alleged that the company did not protect her from an assault.

Plaintiff alleged that he sustained injury after he slipped and fell in a bathtub.

Defense of property damage claim arising from claimed homeowner negligence.

Defense of claim alleging that a homeowner failed to properly secure "portable garbage" to the ground, resulting in property damage.

Plaintiff alleged that she sustained water damage to her basement as a result of construction (storm drainage) work performed in the neighborhood by construction company.

Defense of apartment complex premises liability claim.

Defense of breach of contract claim against mass merchandiser.

Plaintiff alleged negligence against our client after she fell on a gravel sidewalk.

Defense of claim alleging negligence to properly maintain sidewalks and warn plaintiff of a dangerous condition.

Arbitration defense of tenant- landlord alleging uninhabitable living conditions

Successful defense of a snow removal company sued after a business invitee slipped and fell on the premises where the company was hired to provide snow removal services.

Defense negligence claim brought by a Plaintiff who asserted that he sustained injuries while working as an agricultural employee for client. Plaintiff entered into settlement agreement with clients prior to lawsuit being filed which Court found enforceable to preclude claims from being pursued as a matter of law.

Arbitration defense of alleged food contamination leading to illness

Williams, et al. vs. American Homes 4 Rent, et al.

Motion for Summary Judgment on mold exposure lawsuit upheld.

Defense of negligence claim against a security company

Defense of negligence and discrimination claims.

Defense of criminal trucking property damage case

Defense of claim against automotive repair company.

Defense negligence claim brought by a Plaintiff who asserted that he received foodborne illness while dining at client’s establishment. 

Defense of decision by township Board of Zoning Appeals in administrative appeal to the trial court

Defense of mayor in case involving removal of vehicles and equipment

Defense of fraudulent misrepresentation claim.

Successfully obtained summary judgment on behalf of an insurance agent and insurance carrier facing claims of negligence and breach of contract, respectively.

Successfully obtained partial summary judgment on a claim for bailment that a truck servicing center should be liable for tools and equipment that were stolen out of a locked truck on which they had just completed warranty servicing.

Plaintiff alleged negligence against our client on the theory of respondeat superior. 

Shreeve v. Muncie Chevrolet-Cadillac, Inc.

Plaintiff appealed adverse trial court dismissal of claim based on failure to prosecute.

Raymond Hayes & Dena Hayes v. D.C.I. Properties-D KY, LLC and the Nelson Stark Company

Defense of appeal of summary judgment involving the attractive nuisance doctrine.

Arbitration defense of personal injuries related to negligent application of cosmetics by an employee.

Charles Patterson, et al. v. Adelta, Inc.

Appeal of summary judgment in premises liability case involving inherently dangerous work.

Defense of personal injury and property damage claim and alleged negligence, assault and battery and conversion.

Defense of property damage claim

Arbitration defense of Consumer Sales Practices Act violation allegations against selling car dealer

Defense of premises liability action

Fire subrogation property damage claim

Defense negligence claim brought by a Plaintiff who asserted that she sustained an electrical shock while occupying a fair ride operated by client.

Defense of property damage claim arising out of alleged golf cart operational negligence

Arbitration defense of pro se plaintiff property damage claim

Defense of secondary workers’ comp. claim against insured in catastrophic injury case

Successfully obtained dismissal of a suit filed against client car dealership.  

Defense of convenience store in premises liability case alleging slip and fall on ice resulting in personal injuries.

Bench trial – Dismissal of all claims asserted against our client pursuant to Indiana Trial Rule 41(B) after Plaintiff rested his case-in-chief; judgment in favor of our client on counter-claim.

Defense of commercial auto liability personal injury claim

Arbitration defense of negligent installation causing damage to real property

Defense of property damage claim following accident with stolen vehicle

Defense of negligence claim against automotive washing facility

Defense of property damage subrogation trial

Arbitration defense involving a breach of contract claiming over charging of termination fee

Defense of property personal injury claim arising out of emergency vehicle accident

Arbitration defense of property damage claim against media service supplier

Terry Walker v. 24570 Lakeshore Property LLC & Greenwood Apts.

Plaintiff appealed adverse trial court judgment against landlord by tenant in personal injury claim on condition of the premises

Obtained summary judgment in a case involving negligence claims against an operator of equine activities. 

Leo v. Burge

Plaintiff was allegedly injured in a work site accident. Plaintiff named the wrong party in complaint and was advised in discovery that wrong party was named. Plaintiff dismissed suit and then refiled. However, plaintiff never preserved the statute against the real party in interest and his claim was barred by the statute of limitations. 

Defense of industrial personal injury claim arising from fall at steel mill claimed by business invitee

Defense of negligence claim, allegedly resulting in automotive damage

Defense of an ambulance company from claims of negligence arising out of a motor vehicle accident

Defense of negligence claim brought by a Plaintiff who asserted that she tripped and fell while walking into a restaurant.

Obtained summary judgment in a case involving claims of negligent entrustment of an automobile against a prominent car rental company.

Plaintiff appealed adverse trial court judgment in personal injury claim involving the rental of a bounce house

Summary judgment granted as to Plaintiff’s premises liability and failure to warn claims.

Arbitration defense of Consumer Sales Practices Act claim arising out of automobile sale

Defense of negligence claim, allegedly resulting in automotive damage

Defense of commercial premises liability claim

Defense of racial discrimination and retaliation complaint against condominium association

Defense of property damage premises liability claim

Defense of admitted liability in personal injury claims

Obtained summary judgment in favor of a construction company facing claims of vicarious liability for the alleged misconduct of its employee.

Defense of personal injury claim due to bounce house rental

Obtained dismissal of a complaint asserting negligence against an Indiana common carrier.

Prosecution of motion to terminate or reduce support due to disability

Timothy Melton v. Donna Guy and Ed’s Sleds

Plaintiff appealed favorable jury award but denial of permanent damages.

Defense of condominium association in lawsuit by homeowners disputing assessments and authority for multi-million dollar repair project.

Arbitration defense of property damage claim based on pre-arbitration demand.

Defense of commercial premises liability claim

Arbitration defense of commercial services dispute

Defense of personal injury premises liability claim

Defense of auto admitted liability personal injury claim and allegations of permanent injuries

Defense of negligent security premises liability case

Defense of employer for significant MVA involving employee re: allegations of course and scope

E/O Kingrey v. Duke Energy, et al.

Plaintiff’s appealed adverse trial court judgment in wrongful death personal injury claim.

Steven Gregory vs. Towne Properties & Park Lane Apartments

Plaintiff appealed adverse trial court judgment in premises multiple family apartment complex.

Obtained directed verdict at trial dismissing property damage claims

Arbitration defense of property damage home improvement claim

V.R., a minor, et al. v. Cincinnati Hamilton County Community Action Agency

Plaintiff appealed adverse trial court judgment in multiple housing landlord tenant personal injury claim

Defense of premises liability claim

Premises liability claim arising from an injury sustained by a paper delivery man as a result of a stairwell that broke at a residential apartment complex.

Arbitration
prosecution of property damage
claims

Arbitration defense of property damage alleged from
advertising injury

Defense of commercial premises liability matter

Arbitration defense of property damage and revenue
recovering contract claim

Defense of personal
injury claim

Defense of a non-profit agency in general tort personal injury claim

Arbitration defense of property damage claim

Defense of property damage excess & surplus risk claim

Ralph Watts v. Richmond Run #1 Condominium Unit Owners Association, Inc., et al.

Plaintiff appealed adverse trial court judgment in commercial premises liability personal injury claim

Defense of breach of contract against homeowners’ association

Obtained directed verdict at trial dismissing property damage claims

Arbitration defense of property damages auto liability claim

Rebecca Lively v. Donald Dunning, D.D.S., Inc. et. al.

Plaintiff appealed adverse judgment re: malicious prosecution and emotional distress claims

E/O Boyd v. Lourexis, Inc., et al.

Wrongful death plaintiff appealed Court of Appeals decision affirming trial court dismissal of claim of negligent security consultation purportedly leading to shooting death at apartment complex.

Defense of dram shop liability action. Affirming judgment of trial court granting summary judgment to bar owners and operators on plaintiff patron’s negligence claim.

Defense of liquor liability personal injury and punitive damage claim

Defense of personal injury of multiple property damage claims trucking liability case.

Evelyn Diane White, et al., v. Robert P. Elias, Trustee, et al.

Reminger client appealed adverse trial court judgment regarding landlord liability personal injury claim.

Defense of property damage non-profit D&O liability claim

Defense of property and economic damage D&O claim against Trustees of condominium association

Arbitration Defense of miscellaneous professional liability claim for property damage caused by alleged negligent maintenance.

Lois Ratcliff, et al. v. Wyandotte Athletic Club, LLC, et al.

Plaintiff appealed adverse trial court judgment in commercial premises health club liability claim

James Lee Robinson, et al., v. Bob Spurlock, et al.

Appealed of adverse trial court judgment in prosecution of property damage subrogation claim

Defense of auto liability personal injury claim

J. Butler, Admr. of the E/O Aubrey M. Butler, et al., v. Wyndtree Housing Limited Partnership, et al.

Plaintiff appealed adverse trial court judgment in wrongful death claim based on negligence of landlord in maintaining smoke detectors that allegedly contributed to the wrongful death.

Arbitration defense of property damage commercial premise liability claim.

April Mayle, Admrx. Of the E/O Jamel Smith, Jr., et al. v. McDonald Steel Corporation

Plaintiff appealed adverse trial court judgment in wrongful death drowning premises liability claims.

Defense of auto liability property damage claim

Defense of personal injury claim arising from a motorcycle-car accident requiring expert analysis and accident scene reconstruction

Arbitration defense of property damage motor vehicle liability case.

M. Kacsmarik, et al. v. Lakefront Lines Arena, et al.

Plaintiff appealed adverse trial court judgment in personal injury claim as a spectator at son’s hockey practice.

Arbitration defense of property damage commercial premises liability claim

Leonard Brown v. Philadelphia Indemnity Insurance Co.

Plaintiff appealed adverse trial court judgment on single vehicle uninsured motorist claim alleging “corroborative evidence.”

Plaintiff appealed adverse Court of Appeals decision denying him personal jurisdiction over Defendant.

Prosecution of plaintiff personal injury auto liability claim

Prosecution of personal injury subrogation claim

Frank Sanfilippo, et al. v. Village Green Management Co., et al.

Plaintiff appealed adverse trial court judgment in commercial premises liability personal injury claim.

Arbitration defense of assault and battery homeowners liability claim

Defense of personal injury claim based upon allegations of consumption of adulterated food

Larry Walls v. Travel Centers of America LLC

Defense of claim for invasion of privacy and intentional infliction of emotional distress.

Arbitration defense property damage claim arising out of construction project

Defense of auto liability property damage personal injury claim

Arbitration defense of property damage auto liability case. 

Defense of property damage fire loss product liability claim

Defense of uninsured motorists admitted liability claim

Arbitration defense of property commercial services liability claim.