Attorney David Stephen Gladish's Legal Cases

Personal injury

Flat Rock Tap, Inc. v. Villarreal

Dec 22, 2009

OUTCOME: Case affirmed on appeal

Appellant-defendant Flat Rock Tap, Inc. (Flat Rock), appeals from the trial court's judgment holding it liable for negligence and ordering it to pay $275,000 in damages to appellee-plaintiff Mererdo Vi ... llarreal (Villarreal). Specifically, Flat Rock argues that the trial court abused its discretion by allowing the testimony of Detective Alfred Villarreal (Detective Villarreal). Similarly, Flat Rock contends that the trial court abused its discretion by admitting a police report and by refusing to give a tendered jury instruction. Finally, Flat Rock argues that the amount of damages is excessive and resulted from improper motives. Finding no reversible error, we affirm the judgment of the trial court.

Constitutional

Cantrell v. Morris

Jun 21, 2006

OUTCOME: Certified Question Answered.

Former public defender brought § 1983 action against judge who terminated his employment, alleging that judge terminated his employment due to his support of judge's political opponent in violation of ... the federal and state constitutions. The United States District Court, Northern District of Indiana, Andrew P. Rodovich, J., certified questions.

Personal injury

Lepucki v. Lake County Sheriff's Dept.

Nov 14, 2003

OUTCOME: New trial.

Maria Lepucki, her husband, Victor Lepucki, and their minor daughters, Amber and Elisha Lepucki (collectively the “Lepuckis”), seek a new trial following the jury's verdict in favor of the Lake County ... Sheriff's Department (“LCSD”) on the Lepuckis' claims against LCSD for damages suffered as a result of a vehicular collision between Maria and Officer Robert Mahan of the LCSD. Of the Lepuckis' three issues, we find the following dispositive: whether the trial court abused its discretion in admitting evidence that Maria was cited and found liable under IC 9–21–8–35 for failing to yield to Officer Mahan's emergency vehicle. We reverse and remand for a new trial.

Personal injury

City of Hammond v. Cipich ex rel. Skowronek

May 30, 2003

OUTCOME: Reversed

Mother and legally-appointed guardian of motorist who was incapacitated after driving vehicle into lake at city marina sued city under § 1983 for violation of motorist's federal constitutional rights, ... and under state negligence law. City's motions for summary judgment and for judgment on the evidence were denied. After jury returned verdict in favor of city, the Lake Superior Court, Diane Kavadias Schneider, Special Judge, granted guardian's motion to correct error. City appealed. The Court of Appeals, Bailey, J., held that: (1) there was no evidence that city itself restricted motorist's liberty by excluding private rescuers and, therefore, for concluding that city owed motorist a constitutional duty under special relationship exception to the DeShaney rule, and (2) city was immune from claims that it negligently failed to provide sufficient emergency rescue services to motorist.

Construction and development

Mercantile Nat. Bank of Indiana v. First Builders of Indiana, Inc.

Aug 27, 2002

OUTCOME: Reversed

General contractor sued property owners for payment on home construction contract. Subcontractor intervened and brought counterclaim for foreclosure of its mechanic's lien against owners and contractor ... . The Superior Court, Lake County, Lorenzo Arredondo, J., entered judgment in favor of subcontractor. Owners appealed. The Court of Appeals affirmed. On petition to transfer, the Supreme Court, Sullivan, J., held that: (1) “amount due,” for purposes of Personal Liability Statute, is determined by establishing amounts and then netting out opposing claims between owner and contractor, and (2) owners had no personal liability to subcontractor, as subcontractor failed to plead a personal liability claim and the owners did not consent to the issue being litigated at trial.

Contracts and agreements

Lakes and Rivers Transfer, a Div. of Jack Gray Transport, Inc. v. Rudolph Robinson

Feb 26, 1998

OUTCOME: Affirmed

Stevedore sued shipper seeking payment for services rendered in unloading cargo from ship. The Porter Superior Court, Roger V. Bradford, J., granted summary judgment for shipper. Stevedore appealed. Th ... e Court of Appeals, Barteau, J., held that: (1) shipper's telephone inquiry about rates stevedore charged did not create oral contract obligating shipper to pay for stevedore services; (2) shipper was not estopped from denying existence of contractual obligation; and (3) shipper did not have implied contractual obligation to pay stevedore for services which ship owner requested.

David Stephen Gladish's Legal Cases (6)

Flat Rock Tap, Inc. v. Villarreal

Cantrell v. Morris

Lepucki v. Lake County Sheriff's Dept.

City of Hammond v. Cipich ex rel. Skowronek

Mercantile Nat. Bank of Indiana v. First Builders of Indiana, Inc.

Lakes and Rivers Transfer, a Div. of Jack Gray Transport, Inc. v. Rudolph Robinson