Trial and Appellate Practice

Hoeppner Wagner & Evans' trial practice encompasses myriad legal issues from the simple to complex. Our work has involved us in representing self-insured corporations and third-party insurance carriers. Since our firm has been in practice for more than 100 years, we possess vast knowledge about the Northwest Indiana legal community. Our attorneys are admitted and experienced in both the state and federal courts in the area, as well as serve as court-appointed mediators.

In addition to being retained to handle an initial case, our firm has also been involved in a number of appeals including Indiana Supreme Court, Indiana Court of Appeals and Seventh Circuit Court of Appeals decisions involving breach of contract, fraud, property valuation and condemnation matters, and Will validity and probate matters.

The following demonstrates the diverse issues our lawyers are called upon to resolve:

Automobile-Related Matters. Through the course of our representation, our firm has handled countless automobile cases involving serious injuries and death, as well as property damage, fraud investigations and coverage issues.

Business/Commercial Disputes. We have represented a number of business entities involved in disputes pertaining to breach of contract, real estate, employment and shareholder issues. Examples include:

Contract Claims. The firm defended a multi-state client in a series of multimillion dollar suits in Texas, Oklahoma and New Mexico relating to the purchase and sale of cattle.

Construction Disputes. We have worked with a number of area contractors in matters concerning breach of contract and mechanics lien issues that have arisen as a result of commercial and residential building projects.

Municipal Disputes. Our work has also involved us in a variety of disputes concerning municipalities. This work has allowed us to handle issues from the municipal, developer and resident perspectives. As an example, one of our lawyers was involved in the passing of anti-SLAPP legislation, which protects residents of municipalities from being sued by developers or town officials for opposing development projects.

OSHA and Workplace Safety. The firm represents employers in connection with search warrants, inspections and safety citations issued by the Indiana Department of Labor (IOSHA) as well as by the United States Department of Labor (OSHA) and also advises on all aspects of workplace safety including the rights of an employer when a compliance officer comes to call. As an example, Hoeppner Wagner & Evans represents an electrical contractor and its subsidiary companies on a nationwide basis with respect to plant safety and injury matters, particularly matters involving catastrophic injuries of employees on the job site.

Product Liability. We have represented a number of companies, Indiana-based and from around the country as well as internationally, in cases involving products manufactured or distributed by our clients.

Workers' Compensation. Our work in the area of workers' compensation has involved our representation from the insurance company, third-party insurer and self-insured company perspectives. Since our attorneys believe the best way to avoid injuries and claim disputes is through education and adopting safe workplace practices, our workers' compensation attorneys are actively involved in presenting seminars and other educational programs for our clients. As an example, the firm handles workers' compensation claims for a Northwest Indiana area hospital system. We have defended claims involving skilled worker as well as medical professional injuries.

Wrongful Death and Catastrophic Injury. Our trial attorneys have been called upon by third-party carriers and self-insured corporations and, on occasion, individuals to defend serious lawsuits involving wrongful death and catastrophic injury claims. Examples include:

Medical Malpractice. The firm has defended two death cases involving infants at an Indiana hospital. These cases involve two physicians. We have also been retained to handled medical malpractice cases involving two inappropriate commitment claims and one death claim for two Indiana psychiatric hospitals.

HIV. Our firm was retained to represent a woman who had contracted HIV as a result of receiving tainted blood during hip replacement surgery. The suit, which claimed negligence by the blood bank that had provided the blood supply, was eventually settled.

Toxic Tort. We represented an East Coast-based insurance company in a wrongful death case involving carbon monoxide poisoning. After the discovery was completed in the case, we filed a summary judgment motion, which was granted, and our client was dismissed from the case. We have also been involved in a number of asbestos-related matters involving companies engaged in the production, distribution or installation of asbestos products.

Electrocution. The firm defended a general contractor in a case that arose when two dewatering workers were electrocuted. Throughout the course of representing our client, we have been required to address contract issues, OSHA regulations, and numerous other legal issues. Favorable pre-trial motions allowed us to resolve this case favorably for our client.

Explosion. The firm has represented a road construction general contractor in a case that arose from a residential home explosion. The explosion caused serious injuries and death. We were able to settle the case.

Pharmacology. Our firm has represented a pharmacy in a case that arose from the pharmacy correctly filling a prescription that was incorrectly written by the prescribing physician. As a result, the patient who took the medication experienced injury to her unborn child. We settled this case.

Individual Action. The firm represented an individual alleged to have provided alcohol to two minors who were involved in an automobile accident. The accident resulted in the death of one minor and serious brain injury to the other. We successfully dismissed the punitive damage claim and after extensive investigation and pretrial discovery, we were able to settle the case and fully protect our client's assets.