Year In Review. Sixth Edition. Published February 2006

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2 Year In Review 2005 Sixth Edition Published February 2006 L&niana Jury Verdict Reporhr 9462 Brownsboro Road, No. 133 Louisville, Kentucky Juryverdicts.net J Copyright 2006 TLe L&ma Jury Verdict Reporter All fights Reserved Reproduction in any form, including oflice copy machines, or publication in newsletters or reporters, in whole or in part, is forbidden, unethical and prohibited by law, except where advance written permission is granted.

3 T%e Indiana Jury Ver&ct Reporter 2005 Year in Review Table of Contents Using the 2005 Year in Review p. i The Damage Reports Definitions & Conventions p. iii The Loss of Consortium Report Summaries & Totals Consortium Award Totals Consortium Verdict Ranges Combined Verdict Summary P- 1 The Loss of Consortium Rules Six-year totals The Million Dollar Results Po 5 P- 7 The Punitive Damages Report The Aggregate Results Who has repeated on the list? p. 10 Verdict Ranges Cases at a Glance p. 13 Causation & the Car Wreck Trial The Case Twe Reports The Auto Report The Largest Verdicts The Gold List Bicycles and Motorcycles The UIM-UM Report UIM-UM Verdicts by Insurer The Premises Liability Report Verdict Ranges Verdicts at a Glance The Medical Report 2005's Largest Results Case Summaries by Category Cases at a Glance General Verdicts Civil Rights & Excessive Force Verdicts p. 60 Employment Discrimination Verdicts p. 67 The Death Cases p. 72 Dogbite-Animal Verdicts p. 77 Products Liability Verdicts p. 79 Bad Faith Verdicts p. 81 Miscellaneous Topics The Effect of Comparative Fault Jury Questions in 2005 The Most Prolific Attorneys The Most Prolific Law Firms The 2005 Attorney Index Historical Attorney Index 2005 Verdicts by Judge Historical Verdicts by Judge 2005 Verdicts by County Historical Verdicts by County The 2005 Injury Index The Case Index The Case Index Directory The Case Index Marion County County South Bend Area Fort Wayne Area Central Indiana Northwest Indiana La fayette Area Terre Haute Area Bloomington Area Southern Indiana t

4 Who has repeated on the Million Dollar List from 2000 to 2005? Name, City Party Case No-Year County Case Tvpe Verdict Kenneth Allen, Valparaiso Plain tiff Plain tiff Jasper Porter Fed-Ham Porter Rail Crossing Medical Neg. Auto Neg. Medical Neg. UIM Workplace $5,109,480 (less 50%) $3,500,000 $2,000,000 $16,575,000 (less 34%) $1,465,000 $16,058,754 $9,000,000 (less 10%) $1,080,000 $10,500,000 (less 10%) Jon Schrnoll, Merrillville Fed-Ham Auto Neg. $3,200,000 Defense Medical Neg. $3,500,000 Defense Medical Neg. $1,000,000 Defense Medical Neg. $2,500,000 David Holub, Harnrnond Fed-Ham Auto Neg. $1,73 1, Premises Lia. $1,430, $16,145,000 Edward Murphy, Fort Wayne Defense Marion Medical Neg. $3,899,73 1 Defense Allen Medical Neg. $1,285,000 Defense Medical Neg. $1,005,000 Teny Kaiser Park, Indy Marion Medical Neg. $3,899, Marion Medical Neg. $1,5 00,000 James Riley, Indianapolis Defense Vanderburgh Slip and Fall $16,950,000 Defense Jennings Bad Faith $10,298,806 Jeffrey McQuarry, Indy Defense Fed-Indy Civil Rights $3,046,000 Defense Fed-Harnm Equal Protect $1,022,362 Joseph McPike, Indianapolis Defense Marion Medical Neg. $1,500,000 Defense Lawrence Medical Neg. $3,567,000 Richard Darst, Indianapolis Fed-Indy Wrongful Term $2,800, Fed-Indy Disab Discrim $4,600,000 > David Jensen, Harnmond Fed-Ham Equal Protect $1,022,3 62 Defense Tippecanoe Medical Neg. $1,500,000 Peter Obremsky, Lebanon Defense Henry $1,000, Daviess Medical Neg. $7,000,000

5 The 2005 Million Dollar Verdicts at a Glance These results are sorted in orderfiom largest to smallest and are not reduced by comparative fault. Countv Case# Verdict Description 2014 $11,000,000 A driver fell asleep at the wheel, crossed the centerline, and hit a : Terrence M. Rubino woman on a motorcycle; the woman's extensive injuries included a Steven J. Sersic severed left leg, and her husband claimed emotional distress damages Defense: Harold G. Hagberg for having witnessed the gruesome incident 2030 $10,500,000 A construction worker suffered serious head injuries after falling : Kenneth J. Allen more than twenty feet to the ground while helping to build a Defense: Daniel G. Suber shopping center Jennifer E. Davis 2055 $2,765,000 As part of a deal to build a cell phone network, plaintiff temporarily : Nick Katich transferred his FCC license to defendant on the understanding the Stephanie Shappell license would be transferred back to plaintiff at a later date; instead, Defense: Patrick B. McEuen defendant sold the license to Nextel at a substantial profit Lonnie M. Randolph Bartholomew 2164 $2,600,000 A woman accused her insurer of bad faith in failing to pay her claim PlaintiE Jeffrey L. Beck following a car wreck with an underinsured driver; the insurer Patrick W. Harrison claimed it didn't have all of the woman's medical bills and some of Defense: Thomas W. Blessing her injuries were pre-existing Edward G. Bielski Timothy J. Vrana 2043 $1,770,000 While riding a motorized cart through the dairy section of a grocery : Eric Oden Clark store, a woman cut her foot on a piece of metal that protruding from Defense: Jeffrey W. Clymer beneath a refrigerated case Knox 2188 $1,542,500 A man with a history of molesting children was hired to drive a school : Joe Anderson bus; when the man was later found to have repeatedly molested three Eric A. Frey boys, the boys and their mothers blamed the school corporation for Defense: Thomas J. Belcher having hired him without conducting a background check Jackson 2166 $1,300,000 One of the cows a farmer delivered to a stockyard escaped into the : Kenneth A. Layton parking area; when a stockyard employee tried to use, a Bobcat to corral Ryan W. Redrnon the animal, the employee ran into the farmer and c@hed his leg Defense: Mary K. Reeder Jeffrey D. Roberts > i Kerry L. Thompson x I 2001 $1,080,000 A woman injured in a multi-vehicle collision sought UIM benefits from : Kenneth J. Allen her own insurer; when the insurer failed to settle, the woman claimed David W. Conover bad faith and breach of contract Defense: Robert P. Stoner Jennifer M. Lute Costella