Goodin Abernathy Partner, Elizabeth Wysong-Berg is one of 25 attorneys from across the state of Indiana chosen to participate in the Indiana State Bar Association’s Leadership Development Academy. This is just one more feather in Elizabeth’s cap, and we are all very proud of her achievement. She is a tremendous asset and will serve the State Bar Association well for many years to come.
HELLO, FORT WAYNE INDIANA! Goodin Abernathy LLP is excited about its expansion into the Fort Wayne region. We’ll meet in person with clients in the area, providing a variety of legal services. Call 800-625-4710 or E-mail us to schedule appointments! Listen for us on Hot 107.9
Congratulations to our own Elizabeth Wysong-Berg for being named Young Title Professional of the Year at the annual meeting of the Indiana Land Title Association (“ITLA”) in French Lick. Great job, Elizabeth!
A recent Indiana Supreme Court decision highlighted the dangers of mixing certain medications with driving. In Manley, et al v. Sherer, et al., No. 59S01-1205-PL-249 (Ind. 2013), the driver struck Plaintiff, Mary Manley, head-on. At the scene, the driver told Ms. Manley she “should not be driving due to her medical condition.” The driver’s physician, Dr. Sherer, informed the prosecuting attorney the driver had several medical conditions that when combined with the medications prescribed by Dr. Sherer, may have contributed to the accident.
Ms. Manley and her husband sued Dr. Sherer for the failure to warn the driver not to drive while taking the prescribed medication. In reversing a summary judgment in favor of Dr. Sherer, the Supreme Court held the usual 2 year statute of limitations to file her case did not apply because it was unclear when Ms. Manley knew she had a medical malpractice case.
In addition, the tolling provision of I.C. §34-18-7-3(a) was upheld. This provision tolls the 2 year statute of limitations defense for physicians when a plaintiff files their proposed medical malpractice complaint with the Indiana Department of Insurance.
Medications mixed with driving are a concern in the U.S. The National Highway Traffic Safety Administration (NHTSA) found that 16 percent of weekend nighttime driers (roughly 1 in 6) tested positive for illicit drugs or medications. 2007 National Roadside Survey of Alcohol and Drug Use by Drivers: Drug Results, U.S. Department of Transportation, National Highway Traffic Safety Administration, December 2009. Of this number 3.9% were positive for medications and 1.1% were positive for a combination of illegal drugs and medications.
Indianapolis Business Journal reporter, Dan Human, recently penned the article, “Explanations Vary for Dearth of Women in Top Rungs of Business.” Many explanations for the lack of top leadership roles held by women in Indiana businesses, as well as the disparity in income levels between men and women are proffered. However, Human writes that despite a glaring gap of women in the tops spots of business, “Experts mostly brush off discrimination as an explanation for the pay gap.”
Nevertheless, discrimination may be playing a role in a company’s decision to pass over an otherwise qualified female candidate for a similarly qualified male. Like any prejudice, there are deep-rooted misconceptions and stereotypes that creep in to the decision-making process. Traditionally, women have had to choose between their careers and their families, but why? And is it fair? If your work environment feels like an old boys club, then it probably is. Proving discrimination, on the other hand, can be a very difficult task. Particularly if your employer is seeking skilled legal counsel when making decisions regarding the promotion or termination of employees. However, your claim can change behaviors in the future bringing greater equality in the workplace.
If you think you may have been the victim of gender discrimination, I would encourage you to talk to an attorney and find out about your rights, as well as the obligations of your employer.
Graduation parties and summertime for teenagers and young adults should be fun and carefree. Unfortunately, when these events are combined with alcohol, tragedy can occur.
A recent New York Times article “For Young Drivers, Drinking Is More Dangerous” provides graphics which starkly show young drivers have many fatal accidents even at low blood-alcohol levels. The article also focuses on the latest recommendation by the National Transportation Safety Board to lower the current blood alcohol concentration limit of 0.08 percent to 0.05 percent, which may also lead to a reduction in teen and young adult deaths due to impaired driving.
GOODIN ABERNATHY congratulates all recent graduates and wishes everyone a safe, carefree summer.
In Ohio yesterday, a multiple vehicle collision left numerous people injured. Reports of the incident, which occurred on I-275 near Cincinnati, indicate that weather conditions deteriorated very quickly causing a whiteout. Oftentimes it is difficult to determine who, if anyone, is at fault in accidents of this type. People involved in these accidents can give very different versions of what happened depending on their vantage points and their level of attention in the split seconds immediately prior to an impact or leaving the roadway. Police departments dispatch accident reconstructionists to the scene to interview witnesses, photograph vehicles, and take measurements of skid marks, to recreate the scene. However, those efforts are often hampered depending on the degree of injuries of the victims involved, and weather and road conditions. Most of the time, these accidents can be attributed to driver inattention, following too closely, or failure to operate a motor vehicle at a safe speed for the conditions.
In Indiana, it may be a defense for a negligent party to argue that they were confronted with a sudden emergency. However, to get the benefit of the Sudden Emergency Defense, and driver cannot have caused the situation that put him in immediate peril. These are complex legal issues that are routinely determined by a court when deciding what evidence a jury will or will not hear. These are not the type of things that are at the top on anyone’s mind who is involved in an accident like this in the moments immediately following. However, it highlights the need to get accurate information as quickly as possible before people’s memories fade, or other crucial evidence is lost. Photographing an accident scene can be very helpful if you are physically able to, and it does not put your safety at risk. Sadly, a young girl was killed in this most recent accident where she apparently tried to exit the vehicle in which she was riding.
Hiring an experienced personal injury lawyer who has access to accident reconstructionists can be very valuable when it comes to preserving evidence. No one ever intends to be involved in a accident, be it a simple fender-bender, or a catastrophic multi-vehicle crash; however being prepared for such a situation could prove to be very valuable later when trying to make your case to an insurance company representative, or in a court of law. If you have been involved in an accident, and have questions about your case, please call us for a free consultation.
Finally, there is some movement towards immigration reform. Goodin Abernathy LLP / Legalmente Hablando Indy is excited about the great opportunities reform is creating for Hispanics and other immigrants in the Indianapolis area and throughout Indiana. Click here to see a recent NBC article describing the current immigration reform trend. Goodin Abernathy LLP / Legalmente Hablando Indy now offers quality and trustworthy immigration legal services. Visit or call us for a consultation with a law professor who works in the area of immigration. Contact us before choosing a less experienced attorney. Choose us before paying your money to an attorney that doesn’t respond or work on your case.
Goodin Abernathy attorney, Elizabeth Wysong-Berg will be presenting at a seminar on August 9, 2012 entitled, “Property Insurance Coverage and Bad Faith Claims.” For more information regarding this seminar click here.
Goodin Abernathy welcomes Naun (Anthony) Benitez, Law Clerk. Anthony grew up in Dallas, Texas. He is fluent in writing, reading, and conversational Spanish.
Anthony attended Wabash College in Crawfordsville, Indiana where he received his undergraduate degree in Psychology with a minor in History and Spanish. Anthony currently attends Indiana University School of Law- Indianapolis. While in law school, Anthony earned Dean’s List recognition and was a Legal Writing Fellow in the Dean’s Tutorial Society. He is also the president of the Hispanic Law Society.
Prior to working as a law clerk for Goodin Abernathy, Anthony has worked in the private and public sector. Anthony has clerked for various Indianapolis firms He has worked in the following areas: personal injury, immigration, family law, and business litigation.
In his spare time, Anthony enjoys watching sports, barbequing, and spending time with his family and friends. Anthony lives in Indianapolis with his wife, Sarah, and two kids, Aiden and Adriana.
