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The following case examples and results are for informational purposes only. Past results cannot guarantee future performance. Any testimonial, endorsement, or result in any single particular case does not constitute a promise or guarantee regarding the outcome of any other case. The Boughter Law Office works aggressively to obtain the very best result for every client; however, each case is different with its own set of unique facts and the laws of the jurisdiction where the lawsuit must be filed. Likewise, results will always be different from case to case. For that reason, the result that the Boughter Law Office obtained in one case is in no way a guarantee that the same or similar result will occur in any future case.
Premises liability/General Negligence
Combined settlement for a young man who suffered massive injuries, including a traumatic brain injury, following a hit and run accident after he was dropped off by a shuttle service owned by a well known club. The Boughter Law Office argued the club violated Indiana law by serving the young man while he was visibly intoxicated after purchasing 120 shots of alcohol. The Boughter Law Office was able to establish through discovery that the Defendants' own employee handbook failed to provide any guidance whatsoever to its employees regarding Indiana law which prohibits the selling of alcohol to visibly intoxicated persons. In addition, the Boughter Law office argued that the Club assumed a duty to safely transport the young man to his residence and not drop him off in the middle of a dark street while he was unable to care for himself due to his state of severe intoxication. The case was hotly contested with the Defendants retaining multiple lawyers from four different law firms throughout Fort Wayne and Indianapolis and included a separate declaratory action where the club's van insurer denied coverage and filed a Motion for Summary Judgment. The target defendant did not carry general liability insurance adding difficulty to the resolution of the case. Notwithstanding, nearly a dozen depositions were taken, including the van driver, a waitress, club security, and other club personnel. The Boughter Law Office retained a leading toxicologist from New York City to establish that the Plaintiff would have been exhibiting signs of intoxication well before being dropped off by the van and would have been unable to care for himself at the time he was dropped off. A physician from Indianapolis specializing in emergency medicine was retained to rebut any argument by the defense that Plaintiff's injuries could have occurred due to a third party criminal attack since no one had actually witnessed the young man being struck by a vehicle. An economic expert, vocational expert and life care planner were also retained to assist in the prosecution of Plaintiff's claims. Given the extensive work up of the case, Plaintiff's counsel was able to convince the van insurer to contribute substantially to the settlement of the claim. While the young man was uninsured at the time of the incident, the Boughter Law Office also successfully argued that his cousin's automobile insurance coverage applied because he resided with his cousin at the time of the incident. This resulted in a $100,000.00 settlement, representing full policy limits for uninsured coverage, under the cousin's automobile insurance policy. Notably, the Boughter Law Office was retained after a prominent Fort Wayne law firm was terminated by the Plaintiff as a result of their unsuccessful efforts in prosecuting the claim.