2024 Trial Lawyer of the Year
Steve Sersic, Smith Sersic
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Bio coming soon!
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Trial Lawyer of the Year Award Criteria
A lawyer who upholds the honor of the legal profession and is a true defender of the people; a lawyer who works to protect the rights of injured victims and consumers; a lawyer who successfully handles a case of major public importance in state or federal court, including appellate courts; a lawyer who assists ITLA in their efforts to protect the rights of consumers and injured victims at the state legislature and the U.S. Congress; a lawyer who devotes substantial time and effort to further the mission of ITLA by serving as a member; a lawyer who frequently publishes articles and gives presentations in support of the rights of injured victims and consumer rights; and lastly, a lawyer who earns admiration and respect for trial lawyers as a result of noteworthy activities.
Angela and Steve's Nomination
Submitted by Bryan Bradley, Kate Franke, Emily Guenin-Hodson, Dan Ladendorf, Mark Ladendorf, Alex Limontes, Bob Montgomery, Barry Rooth, Dan Vinovich, David Wilson, and Holly Wojcik
Lake County members Angela Jones & Steven Sersic refused to take “No!” for an answer, thus starting a multi-year journey from the trial court to the Indiana Supreme Court, where they changed the law, found justice for their client, and left a trail of jurisprudence favorable for Hoosiers across the State who may one day find themselves in a similar position.
Claims in the case of Cosme v. Warfield, Churilla, and Erie Insurance1 involved negligence, breach of contract, and “bad faith” against Erie Insurance for failing to provide Plaintiffs with UM benefits when they were hit by an uninsured driver not more than three days after Erie canceled their insurance. In June 2022, Angie and Steve presented the case with complicated damages and multiple experts to a Lake County jury. Upon resting the Plaintiff’s case-in-chief, the trial judge granted Defendants’ Motions for Judgment on the Evidence, thereby foreclosing all claims against all Defendants.
On appeal, Angie and Steve asserted that the trial court ruling violated a Plaintiff’s constitutional right to a trial by jury. They also argued that the case law on Motions forJudgment on the Evidence (namely, the Purcell2 case) was at odds with itself and -- given the constitutional right at issue -- that the standard of appellate review should be ‘de novo’ rather than ‘abuse of discretion.’ The Court of Appeals was not persuaded.
The journey continued to the Indiana Supreme Court with support from ITLA Amicus Counsel Nick Deets and Tyler Zipes. In its May 6, 2024 opinion, the Supreme Court found that:
Importantly, the Supreme Court concluded that a de novo standard of review must apply.
Finally, this case opened the door for Plaintiffs to bring bad faith actions outside the strict parameters of prior case law.
The Supreme Court’s opinion will aid Plaintiffs fighting a Motion for Judgment on the Evidence and will also be cited in future bad faith litigation. Through their tireless advocacy at all levels of the State court system resulting in a significant change in the law, Angie and Steve have honored the core mission of the Indiana Trial Lawyers Association to protect the Seventh Amendment Constitutional right to trial by jury, open access to the courts, and equal protection under the law for all persons.
We, the undersigned, invite your consideration and your vote in support of recognizing Angela Jones and Steve Sersic as the 2024 Indiana Trial Lawyers Association’s Trial Lawyers of the Year:
Signed (with permission):
Bryan Bradley: [email protected]
Kate Franke: [email protected]
Emily Guenin-Hodson: [email protected]
Dan Ladendorf: [email protected]
Mark Ladendorf: [email protected]
Alex Limontes: [email protected]
Bob Montgomery: [email protected]
Barry Rooth: [email protected]
Dan Vinovich: [email protected]
David Wilson: [email protected]
Holly Wojcik: [email protected]
Click here to read Cosme v Warfield, Churilla, & Erie Insurance – Indiana Supreme Court Opinion
Claims in the case of Cosme v. Warfield, Churilla, and Erie Insurance1 involved negligence, breach of contract, and “bad faith” against Erie Insurance for failing to provide Plaintiffs with UM benefits when they were hit by an uninsured driver not more than three days after Erie canceled their insurance. In June 2022, Angie and Steve presented the case with complicated damages and multiple experts to a Lake County jury. Upon resting the Plaintiff’s case-in-chief, the trial judge granted Defendants’ Motions for Judgment on the Evidence, thereby foreclosing all claims against all Defendants.
On appeal, Angie and Steve asserted that the trial court ruling violated a Plaintiff’s constitutional right to a trial by jury. They also argued that the case law on Motions forJudgment on the Evidence (namely, the Purcell2 case) was at odds with itself and -- given the constitutional right at issue -- that the standard of appellate review should be ‘de novo’ rather than ‘abuse of discretion.’ The Court of Appeals was not persuaded.
The journey continued to the Indiana Supreme Court with support from ITLA Amicus Counsel Nick Deets and Tyler Zipes. In its May 6, 2024 opinion, the Supreme Court found that:
- Purcell “is inconsistent in both promoting and simultaneously disavowing courts that would assess witness credibility and weigh evidence at the directed-verdict stage.”
- “(G)iven Purcell’s contradictory commands, we clarify that courts may not weigh evidence or assess witness credibility-fact-finding functions reserved for the jury.”
- “(T)he court cannot substitute its own view of the evidence for that of the jury since this prerogative is solely the jury’s.”
Importantly, the Supreme Court concluded that a de novo standard of review must apply.
Finally, this case opened the door for Plaintiffs to bring bad faith actions outside the strict parameters of prior case law.
The Supreme Court’s opinion will aid Plaintiffs fighting a Motion for Judgment on the Evidence and will also be cited in future bad faith litigation. Through their tireless advocacy at all levels of the State court system resulting in a significant change in the law, Angie and Steve have honored the core mission of the Indiana Trial Lawyers Association to protect the Seventh Amendment Constitutional right to trial by jury, open access to the courts, and equal protection under the law for all persons.
We, the undersigned, invite your consideration and your vote in support of recognizing Angela Jones and Steve Sersic as the 2024 Indiana Trial Lawyers Association’s Trial Lawyers of the Year:
Signed (with permission):
Bryan Bradley: [email protected]
Kate Franke: [email protected]
Emily Guenin-Hodson: [email protected]
Dan Ladendorf: [email protected]
Mark Ladendorf: [email protected]
Alex Limontes: [email protected]
Bob Montgomery: [email protected]
Barry Rooth: [email protected]
Dan Vinovich: [email protected]
David Wilson: [email protected]
Holly Wojcik: [email protected]
Click here to read Cosme v Warfield, Churilla, & Erie Insurance – Indiana Supreme Court Opinion