Notable Cases

Below is a list of categories of case circumstances which help to further illustrate the type of legal and medical matters on which we concentrate our practice. Since Indiana lawyers are limited in the public presentation of information regarding past performance we provide only general information. Please contact us for further information on any of the many cases which Mr. Holub has litigated, or come to our office, and we will be happy to share additional non confidential information on these cases with you.

Vaccine Injury

In February of 2007, a civilian two year old child living in the household of an Army Serviceman, was exposed to and contracted the vaccinia virus and developed eczema vaccinatum. The child eventually overcame acute respiratory distress syndrome, bacteraemia, renal failure, and associated ailments. The vaccinia virus is a “live virus” administered as a smallpox vaccine to encourage the body to develop immunity to smallpox. Candidates must be carefully screened before a medical decision is made to give the vaccine, and the family alleged that the vaccination was given despite a medical screening that determined two clear and well recognized contraindications: a) the serviceman had a prior medical history of a skin ailment consistent with being eczema or atopic dermatitis, and b) members of the serviceman’s household (in particular two small children of the serviceman) at the time of the vaccination had a history of eczema. Federal District Court Northern District of Indiana, Cause No. 2:09-cv-00089-JVB-PRC.

PBS Newshour Report of April 23, 2007

ITLA Report on Case Resolution of May 16, 2011

Television Tip Over Death

A television weighing 92 lbs fell from a dresser resulting in a fatal head injury to an infant playing in front of the television on a play blanket spread on the floor. Analysis of the stability of the television established that as little force as 10 lbs. applied at the top of the television, where the channel and volume controls are located, will cause the television to tip. Like many similar televisions, the subject television did not contain any on product warnings relative to a tip-over hazard, nor any other appropriate warnings of any sort disclosing the hazard. Federal District Court Northern District of Indiana.

CPSC TV Tipover Flyer

Furniture Tipover Tragedies Video from CPSC.gov

Recent decision permitting TV Tipover case to proceed: Simmons v Philips Electronics, Cause No. 2:12-CV-39-TLS.

Truck Negligence

A truck driver was traveling north on Interstate 65 on December 23, 1996, in a fully loaded truck weighing 65,000 pounds, when he failed to notice two cars stopped behind a red light at the entrance/exit ramps to the Indiana Toll Road in Gary. After a week long trial, jurors awarded $1,145,000 in compensatory damages and $15 million in punitive damages against the trucking corporation. Lake Superior Court, Cause No. 45D05-9712-CT-2394.

Additional Case Information

Tractor-Trailer Rollover

A tractor trailer rolled over after going around an exit ramp on I-80. Investigation revealed that the weld holding the fifth wheel plate to the trailer gave way causing the trailer, tractor and load to turn onto its left side. The load, a large steel coil, never came detached from the trailer. Excess speed was not an issue, since the driver completed the curve and was on the straight away. Once the welds holding the trailer fifth wheel plate to the trailer failed, the failure allowed the fifth wheel plate to peel away from the underside of the trailer, causing the trailer and tractor to overturn while the load remained securely strapped to the trailer. Lake Superior Court, Cause 45D05-0408-CT-00198.

Amusement Ride Injury

A woman was injured while riding on an amusement ride which spins in a circular motion. The amusement ride functions by requiring the rider to lean back against a panel against a wall on the interior of a large conical cylinder. When the ride spins up to operating speeds, the panel and rider slide up toward the top of the conical cylinder. When the ride decelerates, the panel moves downward. While the ride was being operated in a fashion contrary to operational instructions, the rider reported experiencing pain in her neck, shoulders and upper body. During the ride she tried to get the operator’s attention, but the operator had the music playing loudly and was laughing and did not respond to her. Federal District Court Northern District of Indiana, Cause No.: 2:05 CV 154. 

Additional Case Information

Air Compressor Crush Injury

An air compressor fell on top of a homeowner while it was being unloaded from a delivery truck. Suit was filed against the shipping company, its driver, the manufacturer of the compressor, and the seller/distributor. The delivery driver was unable to fit his pallet jack under the 80-gallon compressor manufactured because the shipping pallet was defectively manufactured. The driver attempted to move the 565 lbs. compressor manually, but it fell crushing the legs of the homeowner who was there to accept the delivery. Elkhart Superior Court, Cause No.: 20D01-0710-CT-55.

Tanning Bed Defect

Customer was injured while using a tanning booth when her finger and hand got caught in an exhaust fan at the top of the booth.  The large metal blade fan was isolated from the patron by only a metal grid of circular bars with wide gaps of 1/2 inch in places through which fingers could encroach and was inadequate to protect the patron’s fingers from the fans. Lake Circuit Court, Cause No.: 45C01-1101-CT-00018.

Industrial Accident – Railroad Employer Liability

Worker was injured when he was on the job as a locomotive fuel filler and hurt his shoulder and neck lifting a fuel filling hose (2″ to 3″ in diameter) and fuel filler nozzle assembly (called a “Schneider”). The particular hose he was supplied was about 15 – 20 feet long. Normally the hose supplied for this task is about 4 – 6 feet shorter. The fuel filler nozzle assembly he was supplied weighed 45 to 50 lbs. The combined weight of the long fuel hose and fuel filler assembly weighed 75 to 85 lbs. The supplied fuel hose was affixed to a mast/pipe supplied by the employer that was supposed to swivel freely at various swivel joints, which swivels are designed to carry some of the load force from a standard size heavy fuel pressurized hose, but were not designed for the loads created by an extra-long hose.  NIOSH safe lifting criteria were violated and that the plaintiff was supplied a work environment that exposed him to an injury producing hazard in violation of the Federal Employers’ Liability Act (FELA). Lake Superior Court, Cause No. 45D10-0612-CT-00223.

Water Main Burst Causing Flood Damage

A family lost all their personal and real property, and otherwise suffered injuries as a result of water entering their home after an excavator permitted a major water release to occur during an excavation project.  Mud and water about 4 ½ ft. deep filled the entire lower level of the family home in a matter of minutes. Lake Superior Court, Cause No. 45D11-0805-CT-00065.

Electrical Kitchen Appliance Catches Fire

Recently purchased small kitchen electrical appliance manufactured with an electrical defect resulted in the item catching fire and destroying the homeowner’s property. Lake Superior Court.

Insect Repellant Catches Fire

Man applied insect repellant on very hot and humid day. Notwithstanding 15 minutes passing from time of application, repellant applied to arms and face caught fire leading to second degree burns over a large percentage of upper body.

Medical Malpractice – Failure to Remove Dentures

A 55 year old woman with chronic obstructive pulmonary disease (COPD), came to the emergency room  due to difficulty breathing.  On arrival she had 50% of normal lung function and had suffered a mild heart attack. She was urgently intubated and ventilated. After several days in the ICU, she improved and the breathing tube was removed. Shortly thereafter, a nurse noted bleeding in the patient’s mouth, but did not investigate it, or call a doctor to investigate it. Instead, the patient was sent for an MRI. After the MRI, another nurse noted that blood was running out of both sides of the patient’s mouth and pooling on her bed pillow. Her blood pressure became low, and in an effort to raise her blood pressure, the nurse tilted her bed putting her head lower than her feet, and blood and mouth contents aspirated into her lungs leading her to develop pneumonia. It was not then known, but the bleeding was due to the patient’s partial dentures being lodged in her throat and cutting her throat.  Efforts to reverse the injuries were unsuccessful and the patient ultimately died. Had the bleeding incident not occurred she had a 60% chance of leaving the hospital and living for two years. Notwithstanding numerous opportunities to observe the dentures in administering daily oral care, no nurse observed or reported the patient’s partial dentures. Hammond Superior Court, Cause No. 45D01-0411-CT-285

Additional Case Information

Building Collapse, Property Damage, and Business Loss

Grain storage building collapsed and suit was brought against the manufacturer and erector. Howard Superior Court, Cause No. 24911. See also, 506 N.E.2d 56.

Defamation and Libel

Public figure filed suit for damages due to defamation and libel. Cause No. 83-PSC- 2514.

Industrial Accident, Electrocution

Truck driver sued for electrical injury due to contact with power lines. Cause No. 82-PSC-3521.

Auto Collision, Wrongful Death 1-1/2 years after collision while jogging

A widow and children sued for the wrongful death of a husband and father. Decedent, age 39, struck a 15-ton paver moving in an open lane in a construction zone. The collision occurred at night; the paver had no lights. The steering wheel bent from the impact with decedent’s chest and an imprint of the shoulder strap was fixed across decedent’s chest. An ER physician ruled out cardiac contusion. Decedent experienced chest pain when he attempted to resume vigorous exercise within a few months after the collision. Angiography revealed an 85% blockage of his left front coronary artery. Decedent died unexpectedly due to the blockage while jogging 1-1/2 years after the collision. A treating cardiologist asserted that the blockage was due to blunt chest trauma, since decedent had been a healthy non-smoking jogger without symptoms before the collision. A defense consultant asserted that the blockage was the result of atherosclerosis and not the collision. One week before trial, the parties agreed to a confidential structured settlement. Laporte Circuit Court, Cause No. 46C01-8903-CT-056. 

Fall in Restaurant, fractured hip

A woman fell fracturing hip joint and developed avascular necrosis of femoral head (death of bone due to reduction in blood supply). Federal District Court Northern District of Indiana, Cause No. H88-120.

Multi-Party Litigation, Bridge Collapse During Construction

This case involved an industrial accident (bridge collapse) where workers died and extensive property damages were incurred. Porter Superior Court, Cause No. 84 PSC 1272B; Indiana Court of Appeals, Cause No. 64A03-8701-CV-20; Jasper Circuit Court, Cause No. C-252-84; Indiana Board of Safety Review, Docket No. 82-296.

Fire Loss, Collection of Property Insurance

The owner of a business sued his insurance carrier for bad faith in the processing of his claim following a fire loss. Federal District Court Northern District of Indiana, Cause No. H82-650.

Class Action, Environmental Litigation

Landowners adjoining a hazardous waste landfill brought a class action suit seeking compensatory and punitive damages for nuisance, negligence, trespass, and statutory violations. Jasper Circuit Court, Cause No. C- 268-85.

Civil Rights, Employment

These cases involved racial and political employment discrimination claims in federal and state court, as well as sexual discrimination and sexual harassment claims, and age discrimination claims. Federal District Court Northern District of Indiana, Cause No. S84-0479. Federal District Court Northern District of Indiana, Cause No. H88-437.

Corporate Litigation, Derivative Suit

Iillegally disenfranchised members of a not-for-profit corporation sued to set aside ultra vires acts of directors, recoup illegally embezzled funds, and appoint a temporary receiver. Newton Circuit Court, Cause No. 56D01-8903-CP-39.

Collection of Life, Health, and Accident Insurance

Insurance beneficiary sought to collect policy benefits after the insured disappeared while flying a single engine aircraft. Federal District Court Northern District of Indiana, Cause No. H76-293.

Landlord-Tenant

Supermarket owner sued shopping center owner over a dispute involving parking, facility maintenance, and rent. Jasper Superior Court, Cause No. CP 84-2163.

Class Action, Mass Tort

Landowners whose property was inundated with water following the removal of a flood control levee embankment sued for damages. Newton Circuit Court, Cause No. 56C01-9101-CT-7.

Class Action, Environmental Litigation

Landowners adjoining an oil refinery sued in a class action suit seeking compensatory and punitive damages for nuisance, negligence, trespass, and statutory violations as a result of an underground oil spill. Newton Superior Court, Cause No. 56CO1-9105-CT-67.

Premises Liability, Slip and Fall

A woman fell on steps while exiting a public building and fractured an ankle, and wrist and later developed RSD (reflex sympathetic dystrophy). Lake Superior Court, Cause No. 45D11-0104-CT-155.

Truck Negligence

A man with pre-existing hyperostosis disk disease in his thoracic spine was injured in a rear impact collision. Cause No. 45D01-0406-CT-00164.

Additional Case Information

Truck Negligence

A semi failed to stop and collided with the rear of another semi necessitating a cervical spinal fusion. Force of impact between two semi trucks was substantial despite no visible damage to either vehicle. Federal District Court Northern District of Indiana, Civil No.: 2:99 CV 516 AR.

Industrial Accident, Electrocution

A worker was electrocuted while dumping gravel on a parking lot for flood control when electricity from an overhead power line arced to his raised truck bed. Northern Indiana Public Service Co. v. Sharp, 790 N.E.2d 462 (Ind.,2003).

 

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