Success Stories

Bench trial on a declaratory judgment action to determine whether Orthopedic Office had common law lien and/or interest in negotiable instrument.

Verdict for Defendant

Eichhorn & Eichhorn, LLP assisted in defending an action by a former employee against her employer for defamation and breach of contract. The defamation claim failed because the statements about the employee's appearance fit none of the required categories to constitute defamation per se and were not capable of objective verification and, therefore, could not be defamation per quod. Further, the breach of contract claim failed because there was no written contract and she did not give independent consideration for an employment contract by giving up any alternative employment based on a promise of permanent employment.

Summary judgment in favor of the client was entered by the trial court and affirmed in the Court of Appeals. The Supreme Court denied transfer.

Plaintiff appealed a St. Joseph County Circuit Court order granting summary judgment regarding a medical malpractice case. He raised the following issues: 1) whether the trial court should have allowed him to supplement his designation of evidence; 2) whether the trial court properly struck his expert report; and 3) whether the trial court properly granted summary judgment to the Defendants. The firm represented the Medical Center.

Summary Judgment for all Defendants affirmed on appeal.

Whether an emergency medicine physician met the standard of care in his treatment of an 88 year old female patient presenting to the emergency department after being treated by her primary care physician for a painful, infected laceration between her right fourth and fifth toes. More than three weeks after the care at issue, the plaintiff was found to have substantial chronic peripheral arterial disease with multiple occlusions in her right leg that could not be revascularized. Plaintiff eventually underwent three right lower extremity amputation surgeries, culminating in an above knee amputation. The case was tried for three days in the Porter Circuit/Superior Court with the Honorable Mary DeBoer presiding.

Defense verdict.

Whether Beacon Health and Fitness Center was negligent in failing to maintain its stairs and failing to warn Plaintiff of a dangerous condition on its stairs. Plaintiff suffered a broken shoulder and underwent a reverse total shoulder arthroplasty and months of physical therapy. The case was tried for three days in St. Joseph County with Judge John Broden presiding.

After 4 hours of deliberation the jury rendered a defense verdict.

The plaintiff alleged that defendant otorhinolaryngologist failed to make appropriate treatment recommendations when he saw the patient following her presentation to him status post partial glossectomy for a Stage I tongue cancer, resulting in recurrence of her cancer and death. The medical review panel had rendered a unanimous opinion against Anonymous ENT.

After a 7 day trial, the jury rendered a unanimous verdict in favor of defendant.

The vigorously contested action included claims of sexual harassment and hostile work environment arising from a physical encounter between a female HPD officer and a male HPD officer in October of 2016. Plaintiff has appealed the decision to the Seventh Circuit Court of Appeals.

Partners John McCrum and David Beach, along with associate Ryan Cook, received an order by U.S. District Court Judge Philip P. Simon granting summary judgment to firm client City of Hammond in the case of Szany v. City of Hammond, et al., which was filed in the Northern District of Indiana, Hammond Division.