Complete Defense Verdict in Gresser v. Reliable Exterminators

CJB Congratulates its Partners Lonnie D. Johnson and Belinda R. Johnson-Hurtado for a Complete Defense Verdict in Gresser v. Reliable Exterminators.

On June 15, 2016, after a five week trial, a jury in Lafayette, Indiana, returned a unanimous defense verdict in the face of a $10M damage request by Plaintiffs in the matter of Gresser v. Reliable Exterminators.  Lonnie D. Johnson and Belinda R. Johnson-Hurtado litigated the case for over ten years before it went to trial.  In January 2000, the Defendant was hired by ReMax to inspect a house in West Lafayette for termites.  The house was then treated in February 2000 with Dursban TC – a termiticide containing an organophosphate called chlorpyrifos The next year, John and Janice Gresser moved into the home with their two young daughters.  They moved out of the house in 2002.  Thereafter in 2004, the Gressers sued various defendants, only one of which remained for the trial that began on May 15, 2017.

Plaintiffs claimed that the home had been unnecessarily treated and improperly treated.  Plaintiffs’ damage claims at trial focused on the girls’ alleged permanent physical, neurological and neuro-behavioral problems claimed to have been caused by exposure to the chlorpyrifos in the home.  The defense focused on medical causation issues as well as evidence from the Indiana State Chemist and others which found no evidence of improper application of the product in the home. After five weeks in trial with testimony from 47 witnesses  and a request from Plaintiffs’ counsel for a jury award of $10 million, the jury deliberated for about 3 ½ hours and returned a unanimous defense verdict.

Infliction of Emotional Distress

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Originally published as “Infliction of Emotional Distress”, Indiana Civil Litigation Review, Volume VIII, 2011.

Download as PDF: “Infliction of Emotional Distress”, Indiana Civil Litigation Review, Volume VIII, 2011

I. Elements of IED Claims

The tort of intentional infliction of emotional distress (IIED) arises when a defendant (i) engages in “extreme and outrageous” conduct that (ii) intentionally or recklessly (iii) causes (iv) severe emotional distress to another. Continue reading

Lonnie D. Johnson Selected to Serve on Bloom Magazine’s Advisory Board

 

Lonnie JohnsonLonnieD. Johnson, partner at Clendening Johnson & Bohrer, P.C., has been selected to serve on
Bloom Magazine’s Advisory Board. Mr. Johnson focuses his practice in the areas of commercial and business litigation, construction law and litigation, and environmental law. Clendening Johnson & Bohrer, P.C., located at 409 W. Patterson Drive, provides a full range of litigation, business, and personal legal services. For more information, call 812-332-1000 or go to www.lawcjb.com.


 

Tier 1 Best Law Firm in 2015

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U.S. News & World Report and Best Lawyers ®, for the fifth consecutive year, have announced the 2015 “Best Law Firms” rankings, and CJB has been selected as a Tier 1 Best Law Firm in 2015.  Firms included in the 2015 “Best Law Firms” list are recognized for professional excellence with persistently impressive ratings from clients and peers. Achieving ranking in this tiered system signals a unique combination of quality law practice and breadth of legal expertise.

Wrongful Death Actions in Indiana

Article_Wrongful Death Actions in Indiana (Click to download as a PDF)

In Indiana, actions for wrongful death are governed by the General Wrongful Death Statute (GWDS), Adult Wrongful Death Statute (AWDS), and the Child Wrongful Death Statute (CWDS).  The contours of wrongful death actions have been defined by numerous judicial opinions interpreting the statutes and reconciling the statutory mandates with traditional common law principals.  This article first lays out the statutory elements of wrongful death actions in Indiana and then explores the Indiana cases which address applicability of the statutes to specific fact patterns and define recoverable damages. Continue reading

Favorable ruling from the Indiana Court of Appeals

 

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Clendening Johnson & Bohrer, P.C. obtained a favorable ruling from the Indiana Court of Appeals in the case of Kramer vs. Kramer and Domus Property Investments, LLC, prosecuting a breach of covenant not to compete relative to a housing rental business in Northern Indiana. The Indiana Court of Appeals’ May 30, 2014 opinion in Kramer v. Kramer granted damages, including lost rents and profits, for breaches of a convenant not to compete in Domus Property Investments, LLC’s Operating Agreement.

A link to the opinion can be found at: http://www.in.gov/judiciary/opinions/pdf/05301401tac.pdf

Bohrer Elected Director

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James Bohrer, partner in the Bloomington law firm of Clendening Johnson & Bohrer PC was recently elected to the Board of Directors of the Indiana Trust and Estate Specialty Board of the Indiana State Bar Association.  The Indiana Trust and Estate Specialty Board certifies Indiana attorneys that meet the qualifications to be recognized as a Board Certified Trust and Estate Lawyer in the State of Indiana.  The purpose of certifying expert Trust and Estate Law practitioners is to promote excellent practice among the attorneys that display special knowledge, skills and proficiency in trust and estate law.

The Indiana Bar Foundation is a 501(c) (3) charity comprised of lawyers and judges dedicated to strengthening access to justice and understanding of the rule of law. Its programs serve and educate youth, and improve access to the legal system for those with few resources. Major programs include We the PeopleIndiana High School Mock Trial and the Indiana Pro Bono Commission. Learn more at www.inbf.org.

Bohrer is a former President of the Hoosier Hills Estate Planning Council and he has been certified as a Board Certified Trust and Estate Lawyer by the Trust and Estate Specialty Board of the Indiana Bar Association since 2006.

 

Bohrer Speaks At Indiana State Bar Solo & Small Firm Conference

 

screen568x568James Bohrer, partner in the Bloomington office of Clendening Johnson & Bohrer, P.C., spoke at a seminar entitled “Advising Clients About Recent Developments in Probate and Estate Planning” at the Indiana State Bar Association Solo and Small Firm Conference in French Lick, Indiana.  Bohrer is a former President of the Hoosier Hills Estate Planning Council and has been certified as a Board Certified Indiana Trust and Estate Lawyer by the Trust and Estate Specialty Board of the Indiana Bar Association since 2006.  Contact Jim to discuss your Probate and Estate Planning needs at 812.332.1000 or at www.lawcjb.com

Clendening Johnson & Bohrer, P.C. is located at 409 West Patterson, Suite 205, Bloomington, Indiana. 

CJ&B Scores Appellate Win in Case Involving Real Property Dispute

 

Clendening Johnson & Bohrer, P.C. obtained a favorable ruling in the Indiana Court of Appeals, successfully defending homeowners in a lawsuit filed against them by their neighbor, who claimed their pond and dam trespassed onto his land and constituted a nuisance. The Indiana Court of Appeals’ June 30, 2014 opinion in Dennis Samples v. Steve Wilson and Donald & Ingrid Bannon, husband and wife, and Ronald and Edna Bannon, husband and wife upholds a defense victory the firm obtained in the Owen Circuit Court last year.

A link to the opinion can be found here: http://www.in.gov/judiciary/opinions/pdf/06301403lmb.pdf

Pamela J. Hensler and Samantha A. Salisbury served as counsel for the defendants before the trial and appellate courts.

For more information, please contact Pamela J. Hensler at phensler@lawcjb.com or Samantha A. Salisbury at ssalisbury@lawcjb.com