Our Cases
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Personal Injury Litigation - The Indianapolis Star, June 26, 1991Wrongful death claim successfully resolved Benkie & Crawford successfully litigated the wrongful death claim of Francis Radwan against a large company (the company must remain confidential purusant to the settlement agreement) which rents vehicles to the public. The settlement amount was $2,100,000. Court expands the reach of wrongful-death claims The appellate court's ruling Thursday recognized the judges were going against previous court decisions. But the judges said they were recognized the national trend in which 27 states now allow punitive damages in wrongful-death claims. They also said the diea of not allowing punitive monetary awards in a case involving death is illogical. "We cannot perpetuate the adage that it is cheaper to kill than to maim, " the ruling said. Attorney Scott Benkie, who represents the plaintiffs in Thursday's ruling - the childern and husband of Kathy Wade - was pleased the court decided to take the new legal stance. "I consider this a very draconian law, and I think it was time for it to be changed," Benkie said. "It's very easy to go on and not allow law to change with society." - The Indianapolis Star, January 15, 2000 Man who lost family sues Daimler Chrysler in crashworthiness case Benkie and Crawford filed suit on behalf of Les Bublitz who lost his wife and 6-month-old son, Nathaniel Bublitz, and successfully litigated Mr. Bublitz's claims against Daimler Chrysler on the basis of a defective latch gate which caused his wife and son to be ejected from the minivan. The settlement with Daimler Chrysler is significant but must remain undisclosed pursuant to a confidentiality agreement. Woman Settles with Property Owner in Premises Liability Equestrian Accident for $225,00 Doug Crawford filed suit and successfully negotiated to settlement the claims of Pandora Rulli, a social invitee and guest of defendants who was injured in an equestrian accident on defendants' property where defendants failed to appropriately supervise the activity and follow accepted equestrian practices. Cromwell woman killed in U.S. 6 crash The firm of Benkie & Crawford successfully represented the family of Virginia Wallace and even though Virginia had no husband and only adult children, the firm was able to negotiate a $400,000 settlement on behalf of the family. - Goshen News, August 22, 1997 Man who lost his wife, son in car chase sues An Indianapolis man who lost his wife and 7-month-old son in an interstate crash with a robbery suspect sued area police Monday, alleging they were reckless in their use of tire deflation sticks during a high-speed chase. Plaintiff's counsel believe the various officers involved had enough time that they could have decided on a safer option for apprehending the suspect, Kevin James. "The best judgment would be that you don't deploy stop sticks on I-465 in dense traffic," Benkie said. The lawsuit also states the Bublitzes' rights were violated because the Sheriff's Department has no written policies on the deployment of the tire deflation devices. "I think first of all they need to have a written policy that should give them guidance on when the stop sticks should be deployed," Benkie said. - The Indianapolis Star, February 17, 1999 Teen killed in collision of pickup truck, semi The firm of Benkie & Crawford successfully litigated on behalf of the surviving parents of J.J. O'Daniel who was killed when the truck he was driving was run off the raod by another vehicle and struck by a semi-tractor trailer. The significant settlement amount is confidential pursuant to the settlement agreement. - The Indianapolis Star, July 29, 1998 Mother sues doctors and hospital for malpractice The firm of Benkie & Crawford successfully represented the mother, Jennipher Forte and her son, Jeffrey Barcus, who suffered irreparable brain damage as a result of obstetric malpractice. The firm was successful at settling the case for the maximum then allowable under Indiana law, $75,000 against unnamed physicians and an unnamed hospital in Indiana which must remain confidential pursuant to the settlement agreement. Municipal Employee is Successful on her Claims Under the American with Disabilities and Hoosiers with Disabilities Act Doug Crawford of the firm of Benkie & Crawford successfully litigated and setled claims on behalf of a long-term employee of an unnamed Indiana municipality who lost her job after multiple orthopedic surgeries despite the fact that she had an excellent work record and was willing and able to continue to perform her job functions at a high level with minimal accommodations from her employer. This case was resolved after numerous depositions of city employees and at a settlement conference held by the late Magistrate Robin Pearce, United States District Court for the Northern District of Indiana. Business Litigation - The Indianapolis Business Journal, November 21-27, 1994 Raider plots Posner blitz - Local businessman wants firm owned by '80s takeover kingpin "One of the strongest memories of high-living corporate raider Victor Posner is when Posner walked into a meeting room several years ago with two Uzi-toting body guards at his side. That was during Posner's heyday, when he bought and sold companies like toys and before he and a fellow 1980s corporate raiders Michael Milken and Ivan Boesky were convicted of violating federal securities laws. A small Indianapolis company is poised to strip Posner of control of one of his few remaining companies: Miami-based National Vulcanized Fiber Corp., or NVF, which is in the midst of Chapter II proceedings. There is a proposed reorganization plan for NVF that would topple Posner and reinvigorate the company. It generated annual sales of 30 million. Last year, NVF, with 1,000 employees, had sales of $100 million. NVF manufactures containers, rubberized fibers and plastic laminates in plants in Yorklyn and Wilmington, Del; Kennett Square, PA; Hartwell, GA; Holyoke, MA; Broadview, IL; and Toronto. 'Attorney Scott Benkie, in Indianapolis, thinks the request to hold a shareholder meeting has a strong chance of gaining Walsh's approval. Part of Benkie's optimism is based on the earlier ruling that bars the Posners from participating in public companies (and losing control). He said he also hopes Walsh will be influenced enough by the spirit of the ruling to decide Posner would drain NVF if he were allowed to take it private.'" - Bloomberg Business News, August 8, 1994 NVF shareholder proposal would inject $7.5 million - Reorganization plan leaves ousted chief with nothing Scott Benkie of Benkie & Crawford has successfully represented shareholders who have a significant stake in publicly held corporations and has vigorously pursued litigation in other states, including Delaware, involving large publicly held corporations with assets exceeding $100,000,000. Civil Rights No trial in police battery case - Woman is suing for false arrest "Kelley Housemyer expected to be in Municipal Court this morning, facing trial on criminal charges that accuse her of battery against an Indianapolis police officer and resisting arrest. The officer accused her of bending his index finger backwards as he leaned on her car to talk to her. In her civil rights actions, Housmyer said the officer assaulted her and then arrested her on trumped-up charges that cover up his own abuse." "I think he just lost his temper," said Benkie. "He reached right into the car, and she was absolutely petrified." "Housmyer was looking forward to the trial, prosecutors were not." The firm of Benkie & Crawford has also fought for the civil rights for our citizens through federal civil rights laws. |
