Lind Jensen Sullivan & Peterson Successfully Moved to Dismiss a Personal Injury Action Based on a Recent Change to Minnesota’s “hip pocket” Service Rule

Lind Jensen Sullivan & Peterson successfully moved to dismiss a personal injury action based on a recent change to Minnesota’s “hip pocket” service rule, defeating a 7.5-year-old claim for more than $50,000 in damages.

The plaintiff had alleged that he slipped and fell on a staircase at the defendant’s apartment complex in December 2008. The plaintiff did not serve his summons and complaint on the owner until December 2014, mere days before the six-year statute of limitations expired. He then waited another 15 months to file his summons and complaint in the district court.

Under previous versions of Minnesota’s civil procedure rules, the plaintiff’s delay in filing his case would not have been an issue. The old rules permitted “hip pocket” service, by which a plaintiff could serve his papers on a defendant and initiate litigation but never actually file the suit in district court. As of July 1, 2014, however, such indefinite delays are no longer allowed. Rule 5.04 of the Minnesota Rules of Civil Procedure now requires plaintiffs to file their lawsuits within one year of service on defendants.

Relying on Rule 5.04, LJSP attorneys Brian Wood and Grant Goerke moved to dismiss the plaintiff’s slip-and-fall case, arguing that because the plaintiff filed his papers more than 3 months after the one-year deadline passed, the case should be dismissed. The Hennepin County District Court agreed and dismissed the plaintiff’s claim in its entirety. The district court also agreed with Mr. Wood and Mr. Goerke’s argument that the plaintiff was not entitled to relief for excusable neglect.

Amber Garry Elected as a Shareholder of Lind, Jensen, Sullivan & Peterson, P.A.

Lind, Jensen, Sullivan & Peterson, P.A. is very pleased to announce that Amber Garry has been elected as a firm shareholder.

Amber focuses her practice on representing businesses and individuals against professional liability and malpractice claims, and advises hospitals and clinics on compliance with federal and state privacy laws. She also represents healthcare providers in their dealings with professional licensing boards. Amber has successful pre-trial dispositive motion practice experience and jury trial experience.

Amber graduated summa cum laude from Hamline University School of Law, where she received the M. Arnold Lyons award for the highest academic achievement in the graduating class.

LJSP Congratulates Connie Armstrong

Lind, Jensen, Sullivan & Peterson, P.A. congratulates Connie Armstrong for her election as President of the Minnesota Women Lawyers. A copy of the MWL press release can be found here : MWL Press Release

Eric Steinhoff and João Medeiros Obtain Dismissal of Malpractice Lawsuit

Minnesota law protects members of specialized professions such as doctors, lawyers, or accountants from frivolous malpractice lawsuits by requiring plaintiffs to submit a declaration from an expert in the professional field attesting that the claim has merit. Attorneys Eric Steinhoff and João Medeiros recently invoked this law to obtain dismissal of a legal malpractice suit brought against a local divorce attorney.
The plaintiff was a client who had asked the attorney to represent her in a divorce proceeding. Before any papers were filed in court, the client stopped communicating with the attorney. The attorney wrote a letter to the client ending the attorney-client relationship and closing the file.
Two years later, the client sued the attorney for legal malpractice. Steinhoff and Medeiros requested that the plaintiff provide the expert-review declaration. Even after obtaining an extension from the Court, the plaintiff was unable to find an expert to attest that the divorce attorney had committed malpractice. Citing the expert-review law, the Court dismissed the case.

Brian Wood and João Medeiros Obtain Dismissal of So-Called “Gross Negligence” Claim Against Health Club

Minnesota common law does not recognize a separate claim of “gross negligence.” That is the conclusion reached by a district court judge in dismissing a lawsuit brought against a local health club represented by attorneys Brian Wood and João Medeiros. Instead, Minnesota courts only apply the concept of “gross negligence” when required to do so because the legislature has use the term in a statute or the parties have used the term in a contract.
The plaintiff was a member of the health club who initially sued for negligence, claiming to have been injured by hot steam in the club’s steam room. But Wood and Medeiros pointed out that the health club’s membership agreement waived the negligence claim.
The plaintiff attempted to save the lawsuit by amending the claim and alleging that the health club had not only been negligent, it had been “grossly” negligent. Relying on more than a century of Minnesota legal history stating that Minnesota does not distinguish between degrees of negligence, Wood and Medeiros asked the Court to dismiss the amended claim. The Court agreed. It dismissed the negligence claim based on the membership agreement and dismissed the “gross negligence” claim because it was not recognized by Minnesota law.
The Court also held that the new consumer contracts statute regulating waivers of “greater-than-ordinary negligence,” Minnesota Statutes § 604.055, did not apply to the membership agreement, which was signed before the effective date of the statute.

Jack Moore and Amber Garry Named North Star Lawyers by the MSBA

Lind, Jensen, Sullivan & Peterson is proud to announce that Jack Moore and Amber Garry have been named North Star Lawyers by the Minnesota State Bar Association. This honor recognizes the strong commitment that each of these attorneys made to providing legal services to those in need in 2015. The Minnesota State Bar Association’s North Star Lawyer program recognizes attorneys who provided a minimum of 50 hours of pro bono services to the community in a one-year period.

Tom Jensen and Liz Brotten to Speak at FETTI Conference in Chicago

Lind Jensen Shareholders Tom Jensen and Liz Brotten will speak at the Forum on Environmental and Toxic Tort Issues (FETTI) conference to be held September 21-23, 2016 at the Union League Club in Chicago. Their presentation will address the rapidly growing litigation in which female plaintiffs allege that they have developed ovarian cancer as a result of their use of products containing talcum powder. Jensen and Brotten will address disease data, scientific findings, litigation strategies, and predictions for the future of this area of toxic tort and product liability litigation.

The FETTI Conference is held each year in Chicago and focuses on a broad range of environmental issues with nationally recognized speakers. The conference offers informative programs to enhance the understanding of ever-changing environmental and toxic tort issues. Conference registration will be available at: http://www.fetti.org/annualconference/.

Minnesota Supreme Court Affirms Dismissal of Defamation Claim Against a Church and its Pastors

Tim O’Connor and Bill Davidson recently were successful in defending St. Matthew Evangelical Lutheran Church and two of its pastors against defamation claims from two excommunicated church members. The Minnesota Supreme Court affirmed the dismissal of the lawsuit, agreeing with both the district court and the Court of Appeals “that the First Amendment prohibits holding an individual or organization liable for statements made in the context of a religious disciplinary proceeding when those statements are disseminated only to members of the church congregation or the organization’s membership or hierarchy.” The decision, which addressed First Amendment concerns and the Ecclesiastical Abstention Doctrine, is Pfeil v. St. Matthews Evangelical Lutheran Church, A14-605 (Minn. Apr. 6, 2016). The opinion is available at OPA140605-040616

2016 Five-State Midwest Law Update Webinar

On April 19, 2016, Lind, Jensen, Sullivan & Peterson, P.A. presented a live online webinar which provided a summary of current law and updates on law developments in the states of Minnesota, Wisconsin, Iowa, North Dakota, and South Dakota. The webinar consisted of 5 separate 20 minute presentations summarizing law updates in the areas of civil litigation relevant to your practice, including updates on topics such as negligence, indemnification, contract, and other law developments pertaining to litigation areas including but not limited to trucking accidents, professional liability, legal malpractice, medical malpractice, construction, premises liability, personal injury, commercial litigation, and insurance coverage.

The webinar may be viewed by clicking this link: 2016 Webinar

Attorneys Armstrong, Brotten, and Garry Recognized as “Top Women Attorneys in Minnesota”

Lind, Jensen, Sullivan & Peterson is pleased to announce that three of its women attorneys have been recognized by Super Lawyers® as among the 2016 “Top Women Attorneys in Minnesota.” The list includes Connie Armstrong, Elizabeth Sorenson Brotten and Amber Garry. The selections were made from the women attorneys who were selected as 2015 Minnesota Super Lawyers and  Rising Stars and were featured in the April 2016 issues of Twin Cities Business and Mpls. St. Paul Magazine. Super Lawyers® is a registered trademark of Thomson Reuters.

Armstrong has been selected as a Minnesota Rising Star since 2012 and included in the Top Women Attorneys in Minnesota list for the past three years. She is licensed to practice in Minnesota, Wisconsin, and Iowa and focuses her practice on counseling and defending employers in labor and employment matters and defending clients in business, construction and professional liability litigation.

 Brotten has been recognized as a Minnesota Rising Star every year since 2011 and has been named an “Up and Coming Attorney” by Minnesota Lawyer.  Brotten focuses her practice on the defense of personal injury claims, with a focus on the defense of product liability and toxic tort claims.  Brotten has tried cases to verdict in both Minnesota and North Dakota, and is also licensed to practice in South Dakota and Wisconsin.    

 Garry has successfully represented clients at all phases of civil litigation, including dispositive motion practice, mediation, and at trial. She focuses her practice on professional liability litigation for healthcare providers. Garry handles a wide variety of claims, including those alleging negligence and negligent nondisclosure, as well as claims involving health care providers in administrative proceedings before licensing boards.

Tim O’Connor and Elizabeth Brotten Win Motion for Summary Judgment for Insurance Client in Declaratory Judgment

An insurance company client represented by Tim O’Connor and Elizabeth Brotten was recently dismissed via summary judgment in a declaratory judgment action in U.S. District Court for the District of Minnesota.  Lind Jensen’s client asserted that the homeowners policy it issued did not provide coverage for personal injuries arising out of its insured’s operation of a John Deer Gator utility vehicle owned by a vineyard.  The accident at issue happened on the vineyard’s property. 

 The court agreed that the motorized land vehicle exclusion in the policy excluded coverage.  At issue was whether a “recreational use” exception to the motorized land vehicle exclusion applied and provided coverage for the alleged personal injuries.   The court agreed with the position advanced by Lind Jensen’s client that “recreation use” exception did not apply because the utility vehicle at issue was not “principally designed for recreational use.”  To reach this conclusion, the Court relied heavily on language from the Gator’s operator’s manual and promotional materials, the general use of the Gator, testimony from witnesses about their use of the Gator, and warning labels on the Gator.  The Court ultimately concluded that Lind Jensen’s client had no obligation to provide coverage, defense, or indemnity to its insured because the Gator did not fall within the plain language of the exception to the motorized land vehicle exclusion.  

Brotten Authors North Dakota Chapter for DRI’s Duty to Defend Compendium

Elizabeth Sorenson Brotten, a shareholder at Lind, Jensen, Sullivan & Peterson, P.A. authored the North Dakota Chapter for the 2016 Edition of the Defense Research Institute’s Duty to Defend Compendium. 

The Duty to Defend Compendium analyzes whether an insurer has a duty to defend its insured and the extent of that duty.  The Compendium surveys the law and provides guidance for insurance professionals to navigate through these issues under the law of every jurisdiction in the United States, Canada, the Virgin Islands, and Puerto Rico. 

 Brotten focuses her practice on defending clients in high-risk toxic tort, product liability, and general liability cases in Minnesota, North Dakota, South Dakota, and Wisconsin.  Within DRI, she serves in leadership positions on the national steering committees for Toxic Tort and Environmental Law, Women in the Law and Young Lawyers. 

Paul Peterson and Amber Garry Obtain Medical Malpractice Defense Verdict

Mr. Peterson and Ms. Garry obtained a defense verdict following an eight-day jury trial in Hennepin County. The plaintiff sued the defendant neurologist and neurology clinic alleging defendants failed to diagnose an infection in her spine, resulting in permanent paraplegia. Plaintiff sought damages in excess of $6 million. The jury returned a defense verdict, finding no negligence.

Amber Garry Won a Grant of Asylum for Refugee Client

Ms. Garry won a grant of asylum for a refugee client from Mexico and her two daughters. Ms. Garry handled the case on a pro bono basis through The Advocates for Human Rights.

Bill Davidson and João Medeiros Obtain Summary Judgment for Local Non-Profit

On January 27, 2016, Attorneys Bill Davidson and João Medeiros obtained a summary judgment that dismissed the claims brought against local non-profit DARTS, Inc. by Kevin Raun and Robert Loeffler.  Raun and Loeffler quit their positions at DARTS in 2014.  In their lawsuit, they asserted that DARTS was liable for defamation and for retaliating against them in violation the Minnesota Whistleblower Act.  They also alleged that former DARTS executives Gregory Konat and Subramanian “Kris” Krishnan wrongfully interfered with their employment relationship with DARTS.  The Dakota County District Court dismissed all of the claims.  The Court stated that all of the allegedly defamatory statements were substantially true and were made upon a proper occasion, from a proper motive, and based on probable cause.  The Court stated that DARTS did not penalize or retaliate against either plaintiff.  The Court also concluded that neither plaintiff “blew the whistle,” and noted that each had voluntarily left his position with DARTS. 

Connie Armstrong Presents at Joint MDLA meeting

Connie Armstrong co-presented “Avoiding Common Pitfalls: Practice Tips from the Pros: Cases Involving a Product Manufacturer in a Construction Dispute” for a Joint MDLA meeting with Liz Poeschl of Meagher & Geer on February 16, 2016.

Matt Sloneker and Brian Wood Obtain Summary Judgment

Matt Sloneker and Brian Wood obtained summary judgment on behalf of a general contractor in a construction defect lawsuit alleging more than $1.5 million in damages.  They successfully argued that the plaintiff’s claims accrued more than two years before it brought suit, and that the 10-year statute of repose also barred the plaintiff’s claims.  The Court agreed that the plaintiff’s claims against the contractor failed as a matter of law and dismissed all claims against the client.

Elizabeth Sorenson Brotten Elected as a Shareholder of Lind, Jensen, Sullivan & Peterson, P.A.

Lind, Jensen, Sullivan & Peterson, P.A. is very pleased to announce that Elizabeth Sorenson Brotten has been elected as a firm shareholder.  Liz is a civil litigator who focuses her practice on defending clients in high-risk toxic tort, product liability, and general liability cases in Minnesota, North Dakota, South Dakota, and Wisconsin.  She was named an “Up & Coming Attorney” in 2010 by Minnesota Lawyer and has been selected to the Minnesota Rising Star List, published by Super Lawyers, each year since 2011.  Active in the defense bar, Liz serves on the national steering committees for DRI’s Toxic Tort and Environmental, Women in the Law, and Young Lawyers committees.  Locally, she serves as the Vice Chair of the Minnesota Defense Lawyers Association’s Products Liability Committee.  Her volunteer efforts include service on the board of directors of two nonprofit organizations, the Hennepin County Bar Foundation and Norway House.  Liz is a graduate of Concordia College and William Mitchell College of Law. 

Lind Jensen Sullivan & Peterson was named Top Mid-Sized Litigation Firm in MN for 2015

Lind Jensen Sullivan & Peterson P.A. was named as the Top Mid-Sized Litigation Firm in Minnesota for 2015. This will appear in the 2015 Super Lawyers Business Edition which is coming out in November.

Elizabeth Sorenson Brotten Selected to DRI’s Women in the Law Steering Committee

Elizabeth Sorenson Brotten has been selected to serve on the Defense Research Institute’s (DRI) Women in the Law Steering Committee for 2015-2016. DRI is the leading national organization of defense attorneys and in-house counsel. The Women in the Law Committee connects the more than 6,000 women who are DRI members by providing opportunities to develop and strengthen relationships, facilitating business growth, and supporting career advancement by providing a forum for leadership, education, and professional development.

Brotten’s appointment to the Women in the Law Steering Committee continues her active involvement with DRI. She also currently serves as member of DRI’s Young Lawyer Steering Committee, and is the Young Lawyer Liaison to DRI’s Asbestos Medicine Committee. Locally, she is the Vice Chair of the Minnesota Defense Lawyers Association’s Products Liability Committee.

Brotten, a resident of Minnesota and North Dakota native, is licensed to practice in Minnesota, North Dakota, South Dakota, and Wisconsin, and defends cases involving personal injury, wrongful death, and business disputes, with a focus in products liability and toxic torts.

Tom Jensen and Elizabeth Sorenson Brotten Present to RAM Mutual Insurance Company

Tom Jensen and Elizabeth Sorenson Brotten presented “Impact of the Reptile Strategy on Personal Injury Verdicts and How to Stop It” to RAM Mutual Insurance Company on October 13, 2015 in Esko, Minnesota.

Thomas J. Evenson and Patrick J. Larkin will be presenting “Effective Use of Experts in Construction Lawsuits” at the Premier Midwest Construction Defect and Dispute Conference

On October 16, 2015, Thomas J. Evenson and Patrick J. Larkin will be presenting “Effective Use of Experts in Construction Lawsuits” at the Premier Midwest Construction Defect and Dispute Conference. This conference is being held at the Minneapolis Convention Center.

Mark Fredrickson and Lauren D’Cruz Co-Author Article for MDLA’s Minnesota Defense Magazine

Mark Fredrickson and Lauren D’Cruz recently wrote an article for the MDLA’s Minnesota Defense magazine discussing whether fault can be apportioned between a tortfeasor who acted negligently and a tortfeasor who committed an intentional tort. Although this question has not been settled by Minnesota courts, the policies underlying the Minnesota Supreme Court’s holding in Staab v. Diocese of St. Cloud, 853 N.W.2d 713 (Minn. 2014) clear the way for the application of comparative fault principles to apportion fault between a negligent tortfeasor and a co-defendant who is an intentional tortfeasor.

The article can be found here: MDLA Apportioning Fault Article

Workers’ Compensation Update – Allan v. Offutt, Co.

The Minnesota Supreme Court recently held in Allan v. R.D. Offutt that permanency ratings (work-related or not) that do not impact employability may not be used to meet the permanency threshold required to pursue a claim for permanent total disability benefits . This is a significant development in favor of employers and insurers. Injured workers can no longer combine non-work related disabilities that have no impact on their ability to secure employment with their work-related permanency ratings in order to meet the PTD permanency threshold. As clearly declared by the Court: “We hold that Minn. Stat. § 176.101, subd. 5(2), unambiguously requires that disabilities that contribute to an employee’s permanent-partial-disability rating must affect employability.” See case summary below for full analysis and impact. Please give us a call with any questions. We look forward to discussing this and other cases with you.

Allan v. R.D. Offut, Co.

Background
The employee, Todd Allan, sustained a work-related injury to his lumbar spine in September 2010. The accident left him unable to perform a significant amount of work-related duties. Mr. Allan was assigned a 10% PPD rating relative to his work injury. He filed a claim petition seeking permanent total disability benefits. Because the PPD for his work injury did not meet the threshold 17% permanency rating required under Minn. Stat. §176.101 subd. 5, he also relied on his complete loss of teeth, which supported another 10% permanency rating. If he could not prove his minimum 17% PPD rating, his permanent total disability claim would be barred by statute.

The defense argued that the non-work related permanency, where it does not affect employability, cannot be considered to meet the permanent total disability PPD threshold.

The compensation judge denied the employee’s claim for permanent total disability benefits, choosing not to consider the employee’s complete loss of teeth, which had been corrected by dentures, to meet the statutory threshold. The employee appealed and the WCCA reversed and remanded, concluding that the loss of teeth could be used to meet the threshold. The WCCA further held that the loss of teeth need not affect Allan’s employability in order to contribute to the permanency rating. The employer and insurer appealed to the Minnesota Supreme Court.

Question for Supreme Court
Whether a disability that does not affect the employee’s ability to secure employment can be considered when determining if the employee is eligible for permanent total disability benefits under the Workers’ Compensation Act.

Holding
The Supreme Court found that Minn. Stat. §176.101 subd. 5(2) requires, unambiguously, that there must be a causal nexus between employability and the disabilities that contribute to the permanent partial disability rating used to meet the PPD threshold.

The establishing the required permanency is a threshold issue when determining whether an employee is eligible to claim permanent total disability benefits. While an injured worker is still allowed to combine permanency ratings for both work-related and non-work related conditions, an additional step has been added. Under the Allan holding, an employee must now demonstrate that these disabilities affect the employee’s ability to secure gainful employment.

Because the lower court failed to consider whether Allan’s loss of teeth affected his employability, the case was remanded for further consideration.

Impact
In Metzger v. Turch, Inc., the WCCA held that an employee’s non-work related hysterectomy could be considered in reaching the statutory permanent total disability permanency threshold. The Supreme Court’s holding in Allan, overturns this prior precedence. Therefore, the employee has the burden to show that any PPD rating to be considered affects the employee’s ability to secure suitable employment. The key question that must be asked is whether the permanency being claimed, whether or not it is work-related, affects the employee’s ability to secure more than sporadic, insubstantial employment.

Brian Wood, Bill Davidson, and Peter Stiteler Receive Favorable Appellate Opinion in Declaratory Judgment Case

Brian Wood, Bill Davidson, and Peter Stiteler successfully defended their clients, a rental car company and its insurer, against a declaratory judgment action brought by a plaintiff passenger injured while riding in a car rented from the car company. Plaintiff, without first obtaining judgment against the driver, sought a declaration from the district court that the insurance policy provided coverage to the rental car. Lind, Jensen, Sullivan & Peterson argued plaintiff lacked standing based on Minnesota’s prohibition of direct actions against insurers. The district court agreed and dismissed the case. On appeal, the Court of Appeals affirmed in a three page opinion, reasoning that plaintiff was improperly seeking a different declaration on appeal than he had in the district court without first amending his complaint.

Brotten and Stiteler Appointed to Leadership Positions on DRI’s Young Lawyers Steering Committee

Lind Jensen is pleased to announce that attorneys Elizabeth Sorenson Brotten and Peter Stiteler have been selected to serve in leadership positions on DRI’s Young Lawyers Steering Committee. DRI is the leading national organization of defense attorneys and in-house counsel. The Young Lawyers Committee is comprised of lawyers practicing across every substantive area within the defense bar. Brotten will serve as the Public Service Liaison Chair for the steering committee, while Stiteler will serve as the committee’s Co-Vice Chair to State and Local Defense Organizations.

Brotten, who is licensed to practice in Minnesota, North Dakota, South Dakota, and Wisconsin, defends cases involving personal injury, wrongful death, and business disputes, with a focus in product liability and mass tort. She also currently serves as the Young Lawyer Liaison for DRI’s Asbestos Medicine Program, and as a board member of the Hennepin County Bar Foundation.

Stiteler, licensed to practice in Minnesota, practices in several civil litigation areas, including professional liability, product liability, and insurance coverage. He currently is a Vice-Co Chair of the Minnesota Defense Lawyers New Defense Lawyers Committee.

Connie Armstrong has been elected to the office of President-Elect for Minnesota Women Lawyers

Connie Armstrong, a shareholder at Lind, Jensen, Sullivan & Peterson, P.A., has been elected to the office of President-Elect for Minnesota Women Lawyers 2015-2016.  Minnesota Women Lawyers (MWL) is an association of over 1300 attorneys, judges, and legal employers who are committed to advancing the success of women attorneys.  Press Release – MWL Elects New Officers

2015 Super Lawyers™ and Rising Stars™ Honorees Selected.

Lind, Jensen, Sullivan & Peterson, P.A. is pleased to announce that 11 lawyers have been named Super Lawyers™ and an additional 4 lawyers have been named Rising Stars™ by Minnesota Super Lawyers.

2015 Minnesota Super Lawyers

William L. Davidson
Appellate

Mark A. Fredrickson
PI General: Defense

Thomas D. Jensen
Civil Lit: Defense

Patrick J. Larkin
Construction Litigation

Richard A. Lind
Business Litigation

Jack D. Moore
PI General: Defense

Timothy J. O’Connor
Civil Lit: Defense

Paul C. Peterson
Prof. Liability: Defense

Matthew D. Sloneker
Civil Lit: Defense

Eric J. Steinhoff
Civil Lit: Defense

Brian A. Wood
PI General: Defense

2015 Minnesota Rising Stars

Connie I. Armstrong
Construction Litigation

Thomas J. Evenson
General Lit

Amber N. Garry
Prof. Liability: Defense

Elizabeth M. Sorenson Brotten
PI-Products: Defense

In addition to being named a Super Lawyer, Paul C. Peterson was named one of the Top 100 Minnesota Super Lawyers.

Super Lawyers is a rating service of outstanding lawyers from more than 70 practice areas who have attained a high-degree of peer recognition and professional achievement. The select process is multi-phased  and includes independent research, peer nomination and peer evaluations.  Within the state of Minnesota, 5% of attorneys are selected to Super Lawyers and 2.5% of attorneys are selected to Rising Stars.

Brian Wood, Eric Steinhoff, and Lauren D’Cruz Obtain Summary Judgment Dismissal For Client

Brian Wood, Eric Steinhoff, and Lauren D’Cruz successfully obtained a summary judgment dismissal on behalf of their insurer client in which the insurer argued that its policy did not provide $1 million in UIM coverage for an accident involving a vehicle driven by the plaintiff, an employee of the insured, and a tractor trailer in Minnesota. The United States District Court, District of Minnesota, agreed, reasoning that the plaintiff’s claim for UIM benefits failed under the plain terms of the Ohio UI/UIM endorsement included in the policy and there was no basis for reforming the policy. The Court concluded that the plaintiff was not entitled to $1 million in UIM coverage and granted the insurer’s motion for summary judgment. The opinion is Tomars v. United Fin. Cas. Co., 2015 WL 3772024 (D. Minn. June 17, 2015) and can be found at Opinion.

Elizabeth Sorenson Brotten’s Article Published in the Defense Research Institute, The Whisper

Elizabeth Sorenson Brotten’s article, “Every Move You make, Every Step You Take, I’ll be Watching You”: Is Wearable Data Your Next Discovery Tool in Personal Injury Litigation? was published in the Defense Research Institute’s The Whisper.

Jack Moore and Elizabeth Sorenson Brotten Win a Wrongful Death Jury Trial

On June 18, a Ramsey County jury found that Jack’s and Liz’s client wasn’t at fault for striking and fatally injuring a motorcyclist. About 20 to 30 seconds before the accident, the motorcyclist had struck a piece of tire debris on the freeway and wiped out, coming to a rest in a traffic lane, but still alive. The client had been following the motorcycle. The client was able to swerve left and avoid the same tire debris, swerve right and the avoid the downed motorcycle, but was unable to avoid the motorcyclist who was lying on the pavement just beyond the motorcycle.

Jason Prochnow and Tom Jensen Obtain Summary Judgment Dismissal For Client

Jason Prochnow and Tom Jensen recently helped a Minnesota refractory client obtain summary judgment dismissal, with prejudice, in a complex multi-party, living mesothelioma asbestos lawsuit brought by a national Plaintiff Texas Lawyers on behalf of MN Plaintiff Richard Luzaich.   There was evidence of claimed refractory exposure at the FMC plant where Plaintiff Luzaich worked, but not enough evidence against the firm’s client to create a fact question for trial, despite Plaintiff’s opposition.

Jack Moore, Amber Garry, & Lauren D’Cruz Recognized by MSBA as North Star Attorneys

The Minnesota State Bar Association recognized Jack Moore, Amber Garry and Lauren D’Cruz as North Star Attorneys last week.  This recognition is bestowed on attorneys who have devoted over 50 hours of work for pro bono clients during the preceding year.  Jack, Amber and Lauren are very passionate in their quest to obtain justice for the disadvantaged. Lind, Jensen, Sullivan & Peterson, P.A. wishes to congratulate them for this accomplishment.