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SECONDARY INJURIES DURING A WORKER?S COMPENSATION CLAIM
Posted by: Judy Pippin
May 06, 2008
Topic: Worker's Compensation

If you are currently receiving medical treatment for a work-related injury and you experience a subsequent injury, you need to report the second injury to your employer as soon as possible. If the second injury happened at work, then your employer may open a totally new worker's compensation case. However, if the second injury did not happen at work, but you think it may have happened because of the work injury--you may still be covered under worker's compensation.  If you would like more information on subsequent injuries, please contact the attorneys at Wagner Reese and Crossen.

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IMPD Officer Shelnutt at it Again?
Posted by: Steve Wagner
May 03, 2008
Topic: Personal Injury

Yesterday two people were killed in Indianapolis when a van being followed by an IMPD officer ran a red light, struck an SUV, and then slammed into an Indygo bus.  Initial reports from the police stressed that the van was not being pursued by police.  Our sources tell us that was not what happened, and, in fact, the IMPD officer was chasing the van at high speeds in the middle of the day in downtown Indianapolis.  The officer involved was none other than Ronald Shelnutt, an officer whose name should be well known to Indianapolis citizens.

While it is too early to know for sure what happened yesterday, Shelnutt's involvement certainly raises concerns.  He was the same officer who shot and killed stockbroker John Leaf on May 5, 2001 in John Leaf's own bedroom.  I personally handled that case for the Leaf family, and it was vigorously litigated for over 4 years.  In January of 2006 the taxpayers of Marion County paid what was believed to be the largest voluntary settlement by the city or county in an civil rights claim with payments totalling $1,175,000.  During the course of that case we discovered a litany of citizen complaints against Shelnutt, both before and after the Leaf shooting.  In fact, in 2005 Shelnutt was involved in another high speed chase on Michigan Road which ended in two deaths.  A wrongful death lawsuit arising out of that incident remains pending in federal court.  Moreover, Shelnutt was sued for excessive force in two other cases where he allegedly turned his police dog loose on subjects after they surrendered.  Those cases were settled for confidential amounts.

The Marion County Sheriff Department should have fired Ronald Shelnutt a long time ago.  They didn't have the guts to do it, and neither has the IMPD since the merger.  I understand that Shelnutt was reassigned to spotter duty in a police helicopter at one time (where he presumably could do little harm), but unfortunately for the citizens of Indianapolis, he was allowed to return to road patrol.  More civil rights lawsuits are certainly likely to follow.  Let's hope this most recent tragedy was nothing more than a coincidence.  Stay tuned.

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Metal Baseball Bats Banned Due to Injuries
Posted by: Jason Reese
March 19, 2008
Topic: Personal Injury

Recently, numerous states have banned the use of aluminum or metal baseball bats due to injuries. If you are any of your loved ones have been injured by an aluminum or metal baseball bat, call or email the attorneys at Wagner Reese & Crossen for additional information. Below please find several articles regarding the safety of metal and aluminum bats.

Study Looks at Metal Baseball Bat Safety

http://www.physorg.com/news111998954.html

Banning Metal Baseball Bats to Prevent Injuries in Youths and High Schoolers

http://blog.totalinjury.com/archives/cat-personal-injury-legislation-watch.html

Will Chicago Be First in Banning Dangerous Metal Baseball Bats in Little League Baseball

http://www.chicagoinjuryblog.com/2007/07/will_chicago_be_first_in_banni.html

New York City Bans Aluminum Bats

http://www.homelandstupidity.us/2007/03/15/new-york-city-bans-aluminum-baseball-bats/

Aluminum Baseball Bats Replaced by Manufacturers and Distributors

http://injury.findlaw.com/injury/recall.feeds/cpsc/1976/04/76024.html

Aluminum Softball and Baseball Bat Warning

http://injury.findlaw.com/injury/recall.feeds/cpsc/1975/07/75053.html

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CAN AN INJURED PARTY SUE THEIR EMPLOYER FOR A WORK RELATED INJURY?
Posted by: Judy Pippin
March 18, 2008
Topic: Worker's Compensation

The Indiana Worker's Compensation Act was created back in the 1800s. The purpose behind the Act is to get medical treatment and some wage benefits to injured workers and to shield employers from liability. This means that an injured worker should get the basic benefits of health care and wages while recovering from the work injury. It also means that most of the time, you cannot sue your employer for the accident. There are some exceptions, for example, if you were driving somewhere while in the course of your employment and were in an automobile accident caused by another party, you may have a claim against your employer for worker's compensation and against the driver of the other vehicle for the automobile accident. However, if you are at work and trip over a bucket left by someone else, then you do not have a case against your co-worker or employer. If you were a customer who tripped over the same bucket and sustained injuries, then you may have a case against the property owner or renter of the building. At Wagner Reese & Crossen, we are happy to talk with you about these and other issues you may have with your worker's compensation case.

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Indiana Legal Malpractice Case Addresses The Issue of Equitable Subrogation
Posted by: Jason Reese
March 14, 2008
Topic: Legal Malpractice

Yesterday, the New York Legal Malpractice Blog had an interesting post about a decision from the Court of Appeals of Indiana called Querrey & Harrow Ltd., et al. v. Transcontinental Insurance Co.which addresses the question, "can an excess insurer bring a legal malpractice action against an insureds attorneys?" The decision addresses issues of equitable subrogation and attorney-client privilege (to name a few), looking at the law in Indiana and other jurisdictions (including Illinois). It is definitely a case legal malpractice lawyers should take the few minutes to read.

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