News

Aug
2016
OMW Wins Defense Verdict in Claim for Negligent and Intentional Infliction of Emotional Distress

Daniel W. Glavin and Angela M. Jones successfully defended a funeral home in a claim alleging that embalming techniques employed were sub-par. Plaintiffs were the survivors of a young Kenyan immigrant who drowned in an apartment complex pool. Because of the accidental nature of the death, an autopsy was ordered. In the course of the […]

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Jul
2016
OMW Secures Defense Verdict for OB/GYN Practice in a Medical Malpractice Jury Trial

Mike O’Neill and Michelle Burchett successfully defended an OB/GYN practice in the Hamilton County Superior Court, Noblesville, Indiana in a jury trial where the plaintiff alleged that a Medical Assistant who handles phone triage for obstetrical patients calling the doctors’ office with various concerns, questions and complaints had negligently failed to direct the plaintiff to […]

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Jul
2016
OMW Wins Summary Judgment in Construction Site Wrongful Death Case

Daniel W. Glavin obtained summary judgment on behalf of OMW’s client in a wrongful death case. Plaintiff was a carpenter-foreman of a crew constructing scaffolding for a project involving repair of damaged ductwork at a NIPSCO generating plant. He fell to his death after scaffolding was modified, apparently by another contractor working on the project. […]

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Jun
2016
Mike O’Neill Presents DRI/FDLA Webinar titled “Debunking and Redefining the Reptile Theory Part 2: Trial Tactics”

On June 14, 2016, Mike O’Neill co-presented a webinar to a National audience of lawyers titled “Debunking and Redefining the Reptile Theory Part 2: Trial Tactics.” This presentation was co-sponsored by the DRI and the Florida Defense Lawyers Association and addressed and defined “reptile” strategies used by plaintiffs’ attorneys, during the trial phase of litigation […]

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May
2016
Angela Jones published in the Indiana Lawyer regarding Hospitals’ Vicarious Liability

Generally speaking, unless a hospital or its staff was charged with a specific breach of the standard of care, hospitals maintained a relatively comfortable position in vicarious medical malpractice actions. They kept their heads low, let the physicians argue their positions and remained on the periphery. The evolution of legal precedent regarding vicarious liability claims, […]

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Feb
2016
OMW Wins Dismissal in Legal Malpractice Case

Daniel W. Glavin earned a dismissal with prejudice in a case in which OMW’s attorney-client was sued for abuse of process and negligent infliction of emotional distress.  In preparing for a hearing in the underlying domestic matter, the attorney-client checked the court’s online arrest warrant docket and saw that an arrest warrant for the opposing […]

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Feb
2016
OMW wins Summary Judgment in Legal Malpractice case

Daniel W. Glavin recently obtained summary judgment on behalf of OMW’s attorney-client in a claim seeking damages for legal malpractice.  The court concluded that plaintiff, who did not designate an expert, could not prevail as a matter of law without expert testimony to establish the standard of care.  In addition, the court found that the […]

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Feb
2016
OMW Secures Defense Verdict for Ophthalmologist in Medical Malpractice Jury Trial.

Mike O’Neill and Marian Drenth successfully defended an Ophthalmologist in the Hamilton County Circuit Court, Noblesville, Indiana in a jury trial where the plaintiff alleged that the ophthalmologist negligently removed her right corneal flap following a hinge tear resulting in vision loss. The jury heard four days of evidence between February 2 – February 5, […]

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Jan
2016
Indiana Court of Appeals affirms Summary Judgment granted to OMW client in companion wrongful death cases

Two friends died in a single car accident after drinking at a private residence, an American Legion post and two taverns. The estate for each deceased man claimed that the other man had been driving while intoxicated. Julie Murzyn and Randall Nye successfully defended the Dram Shop Liability claims filed against the second tavern, Risner’s […]

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Dec
2015
OMW Secures Defense Verdict for Psychiatrist in Wrongful Death Jury Trial.

Mike O’Neill and Nathan Hansen successfully defended a Psychiatrist in the Vigo County Superior Court, Terre Haute, Indiana in a jury trial where the plaintiff alleged that a psychiatrist and an internal medicine physician negligently prescribed Lithium to a patient causing Lithium toxicity resulting in the patient’s death. The jury heard four days of evidence […]

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