Indiana Injury Lawyer Blog

Super Lawyers magazine recently released its 2010 list of attorneys to be recognized in Indiana. Parr Richey Obremskey Frandsen & Patterson is proud to have six attorneys from its office recognized on this prestigious list. Attorneys Pete Obremskey, Paul Kruse and Tony Patterson were selected as 2010 Indiana Super Lawyers based on their excellence in representing personal injury victims. Parr Richey attorney Kent Frandsen was also selected as a 2010 Indiana Super Lawyer for the outstanding representation he has provided as a business litigator, while Larry J. Wallace and Jeremy Fetty were recognized as a 2010 Indiana Super Lawyer and Rising Star in the utilities practice area, respectively.

Super Lawyer candidates are evaluated based on a number of things, including verdicts, settlements and experience. The Super Lawyers list is limited to only 5% of the attorneys within their jurisdiction. Parr Richey has been represented on the Indiana Super Lawyers list by at least one of its attorneys every year since its inception.

Parr Richey partner Paul Kruse obtained a jury verdict for his client for $75,000 in a trial held this month in Marion County, Indiana. Our client was a 54 year old dump truck driver whose vehicle was overturned when he was cut off by a driver insured by Allstate Insurance. Our client suffered neck and shoulder injuries, and had permanent pain and lost range of motion after therapy and exercise failed to resolve the injuries.

Allstate Insurance only offered $10,000 before trial to settle the matter, despite healthcare expenses and lost wages in excess of $14,000. Allstate admitted fault one week before trial and elected not to have the defendant driver appear at trial.

Of note in the trial was that plaintiff's healthcare was provided by a physician assistant (PA). Physician assistants are often utilized in busy medical practices and are allowed to examine, treat and prescribe healthcare, including prescription medication, under the supervision of a medical doctor. PAs have postgraduate schooling in medicine, although they do not participate in clinical training and do not receive a doctorate degree. We used the PA to testify in court regarding our client's condition and prognosis for the future and chose not to have a medical doctor testify. After the trial, jurors said they had no concern about the credibility of the PA, and several acknowledged that they had seen PAs for their own healthcare.

Jury trials for damages for personal injuries are difficult, especially in a political climate in which insurance companies try to poison public perception about lawsuits and claims. But we are lucky to have a constituion that provides for a trial by our peers in resolving civil disputes.

Below Parr Richey Obremskey Frandsen & Patterson Attorney Paul Kruse responds to an editorial published earlier this fall in the Lebanon Reporter. Mr. Kruse counters several myths relating to tort reform for medical malpractice lawsuits, citing studies supporting his argument that medical malpractice costs represent a small percentage of overall healthcare costs. Furthermore, Mr. Kruse explains why no further tort reform for medical malpractice claims is necessary.
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Your recent editorial on September 17, 2009, authored by Chip Minemyer, titled “Without Tort Reform, There Should Be No Health Overhaul,” was misleading and inaccurate. It was simply an attempt to influence public opinion in favor of big corporations and insurance companies and harpoon injury victims’ claims.

Minemyer starts his column with the statement that litigation reform is an issue “central to improving the cost of healthcare and access to treatment.” In fact, the cost of medical malpractice is actually a tiny percentage of healthcare costs, in part because medical malpractice claims are far less frequent than insurance companies would lead people to believe. According to the Congressional Budget Office (CBO), malpractice costs amount to less than two percent of overall healthcare spending.

President Obama proposed to implement measures to limit the legal rights of severely injured persons as part of the healthcare discussion, apparently as a bargaining chip to reduce Republican opposition to his healthcare reform plan. His medical malpractice reform proposal will hurt patients and dump more cost on taxpayers. It would not eliminate death and injuries but merely shift costs of caring for malpractice victims from perpetrators of malpractice to hard pressed state Medicaid systems, for which state and federal taxpayers share the cost. In fact, according to the insurance industry’s own data, medical malpractice insurance claims and premiums have been trending downward for years.

Continue reading "ATTORNEY PAUL KRUSE RESPONDS TO EDITORIAL ON TORT REFORM FOR MEDICAL MALPRACTICE LAWSUITS " »

Attorneys who represent personal injury victims or handle personal injury litigation should attend one of the periodic conferences conducted by the National Institute for Trial Advocacy. I had the privilege of serving on the faculty for the recent week-long NITA conference at the Indiana University School of Law at Indianapolis and I am proud to report that it was a wonderful success.

NITA provides training of legal advocacy skills for lawyers with all ranges of skills, but is particularly helpful to those attorneys who have less experience in the courtroom or wish to refine their skills. The conference seeks to teach advocacy skills in all facets of litigation, with a 4:1 student/faculty ratio and a volunteer faculty of judges, professors and practicing attorneys from around the country.

The conference in Indianapolis last week focused on examination of lay and expert witnesses, as well as opening statements and final arguments. It concluded with a mock trial by all participants. NITA conferences utilize a learn-by-doing method, with immediate feedback and demonstations by faculty members. Participants are welcomed into the NITA "family" and receive NITA certification at the end of the conference.

Continue reading "NITA Conference Helps Train Trial Attorneys the Skills Needed in Personal Injury Litigation" »

In Spaulding et al. v. Wishard Memorial Hospital et al., No. 49A02-0810-CV-954 (October 8, 2009), the Indiana Court of Appeals decided several issues stemming from a medical malpractice trial. One of those issues is whether the trial court erred by redacting the words "Department of Insurance" from the medical review panel's certified opinion. On appeal, the Indiana Court of Appeals held the trial court was correct in excluding the words "Department of Insurance" and using a redacted copy of the certified medical review panel opinion as evidence.

At trial, the plaintiff's counsel sought to introduce a copy of the medical review panel opinion, which had a stamp, seal and caption depicting the State of Indiana Department of Insurance. Indiana law provides that in medical malpractice cases, the report issued by the experts on the medical review panel is admissible at trial. IC 34-18-10-23. However, the defendant in this case argued Indiana Rule of Evidence 411 bars evidence being introduced that shows a person was or was not insured against liability, unless it is being offered to prove agency, ownership, control, or bias/prejudice of a witness.

Continue reading "INDIANA COURT OF APPEALS UPHOLDS TRIAL COURT'S DECISION TO REDACT "DEPARTMENT OF INSURANCE" SHOWN IN MEDICAL REVIEW PANEL OPINION" »

I have been a personal injury attorney at the law firm Parr Richey Obremskey Frandsen & Patterson for the past 30 years. Insurance companies and their clients have ignored the facts about personal injury litigation and propagate the myth that frivolous claims threaten society. In fact, insurance companies only pay for harm caused by their insured. Claims that have no substance--if they exist--are dismissed by the court or are lost at trial.

I responded to a recent newspaper editorial written under the headline: "Lawyers, spurious lawsuits threaten a potential civic disaster". Too many newspaper editors have fallen prey to the propaganda campaigns of insurance companies who try to poison the perception of the public--and potential jurors in our community--about the impact of litigation on our society. In fact, our homes, cars, products and lives are safer because personal injury lawyers hold manufacuturers and others accountable for their misconduct.

Attached is my entire letter to the Editor for the Lebanon Reporter:

Continue reading "The myth about frivolous lawsuits--what insurance companies don't tell you" »

The recent multiple vehicle, snowstorm accidents on I-69 near Indianapolis that resulted in two deaths and numerous injuries were a somber reminder for one of our clients. The headline story for the Sunday edition of the Indianapolis Star on Feb.15, describing the accounts, closecalls and ironies of some of the 34 drivers and victims involved in the Feb. 3 catastrophic pileup, was even harder to absorb.

On Feb. 14, 2006, Kevin Minglin was returning home from work on southbound I-69 just south of mile marker 8 when he was struck head-on by an oncoming vehicle. The other vehicle had lost control and crossed the center median. Because of recent heavy snow, the center median was packed up to and over the guardrail, permitting the car to "fly" over the guardrail and into the windshield of the Minglin car. Numerous vehicles were involved, and Kevin was killed instantly, leaving behing his wife and 2 teenage girls.

Over the past 2 years, the Minglin women have been forced to move on with their lives, but Kevin remains in their thoughts daily. Although our firm was able to help them secure a settlement with the insurance company that has made them financially secure, their lives have been filled with events that are constant reminders of their loss.

This past Sunday's story moved us to consider again the "what-ifs" that might have prevented Kevin Minglin's death. What if he had left work at his normal time, instead of helping "one more account" to make the customer happy? What if he hadn't called home on his cell phone moments before the collision--would he have been in a different lane or gone a little faster, and been out of harm's way? What if he hadn't slowed to let a car pass him moments before? If the snow hadn't been packed in the median, would the other car have collided with the guardrail instead of going over it?

Snow and speed killed Kevin Minglin, too. He was just in the wrong place at the wrong time. But his family's faith has allowed them to accept that it couldn't have been avoided.

The Indianapolis and Lebanon Indiana law firm of Parr Richey Obremskey & Morton has been renamed as of January 1, 2009. The firm's new name will be Parr Richey Obremskey Frandsen & Patterson. While the name has changed, the firm will still offer the same services and continue representing personal injury victims. Pete Obremskey, Paul Kruse and Tony Patterson are the firm's accident and injury lawyers and have combined experience of over 80 years helping accident victims and their families.

This past Friday, September 5th, Indiana Trial Lawyers Association (“ITLA”) presented an all-day seminar entitled “Personal Injury Trials from Start to Finish” at the ISTA Conference Center in downtown Indianapolis.

Tony Patterson (seminar chair) and Paul Kruse, both attorneys from the law firm Parr Richey Obremskey & Morton, as well as six other central Indiana attorneys addressed roughly twenty attendees on a range of topics associated with personal injury trials. Topics included: motions in limine and pre-trial evidentiary issues; presenting compelling opening statements; effective uses of lay witness testimony and dealing with defense and surprise witnesses; trying a personal injury case from the defense perspective; utilizing technology exhibits on a budget at trial; choosing your experts and effectively presenting testimony; dealing with the defenses’ medical examiners; and effective use of testimony, jury instructions and demonstrative evidence during closing argument.

The Indiana Trial Lawyers Association overwhelmingly supported a proposed addition to the Indiana Rules of Professional Conduct which would prevent lawyers from contacting potential injury victims through direct solicitation for at least thirty days following an accident. ITLA Board Members, Peter Obremskey, Paul Kruse and Tony Patterson of PARR RICHEY all voted in favor of the proposed rule.