FOR CONSULTATION 317-637-1383 317-637-1383

Joseph M. Dietz

Education

Attended Butler University as Class of 1973 and was awarded top ten student award upon graduation. Afterwards he studied at Indiana University Law School in Indianapolis. He graduated in 1976 magna cum laude.

Past Jobs

Clerk for Judge Paul Buchannan at the Indiana Court of Appeals for two years.

An associate with Rocap, Rocap, Reese, and Young in Indianapolis, a firm specializing in insurance defense.  Over 40 jury trials defending the Indianapolis Public School system, the Ford Motor Company, and numerous insureds for INA Insurance Company, Home Insurance Company, and American Family Insurance Company.

My Work at Meils, Thompson, Dietz and Berish

Since 1982 practiced full time with 85% of his cases devoted to Civil Litigation in State and Federal Courts.

He has been admitted pro hoc vice to handle single cases in Ohio, Illinois, Tennessee and Mississippi.

A small sample of some of the civil litigation matters handed and reported by higher courts include:

~Indiana Supreme Court (2010)

~938 N.E.2d 685 and 935 N.E.2d 160

            *Landmark opinion changing interpretation on CGL policy coverage for subcontractor’s faulty workmanship and overruling 50 years of case law.

~Indiana Court of Appeals (2007)

~871 N.E.2d 357

             *IU Basketball Coach Bobby Knight sued Indiana Insurance Company for a bad faith breach of a homeowner’s policy in failing to defend him in a Federal Court case brought by Assistant Coach Felling.

~Indiana Court of Appeals (2014)

~11 N.E.3d 531

             *Construction project employee seriously injured in electrocution and rendered entirely disabled.

~Indiana Court of Appeals (2013)

~989 N.E.2d 382

            *Successful appeal for client Indiana Insurance on contact dispute over permissive user clause.

  • In re Estate of Whitaker

~Indiana Court of Appeals (2013)

~995 N.E.2d 18

            *Successful defense of estate personal representative.

~Indiana Court of Appeals (2011)

~948 N.E.2d 354

            *volleyball coach and team sued over player injury.

~Indiana Court of Appeals (2011)

~953 N.E.2d 679

            * construction fire case.

~Indiana Court of Appeals (2011)

~950 N.E.2d 7

            *Construction accident ladder case.

~Indiana Court of Appeals (2011)

~956 N.E.2d 76

            * $5 million dollar sewer system overflow case which damaged over 1200 homes.

~Indiana Court of Appeals (2011)

~950 N.E.2d 23

            *Wrongful death permissive user coverage issue.

~Indiana Court of Appeals (2010)

~929 N.E.2d 247

            *Seriously injured subcontractor employee and Tort Claims Act.

~Indiana Court of Appeals (2009)

~918 N.E.2d 666

            *Wrongful death action by injured construction site worker.

~Indiana Court of Appeals (2008)

~908 N.E.2d 238

            * a quadriplegic injured after fall from scaffolding.

~Indiana Court of Appeals (2008)

~888 N.E.2d 265

            *Commercial premises liability case with a seriously injured subcontractor.

~Indiana Court of Appeals (2008)

~892 N.E.2d 233

            * farm damage from flooding.

~Indiana Court of Appeals (2006)

~846 N.E.2d 691

            * school corporation sued by student.

~Indiana Court of Appeals (2005)

~837 N.E.2d 546

            * product liability claim for selling defective chain hoist which shocked worker.

~Indiana Court of Appeals (2003)

~799 N.E.2d 1122

            *Jury verdict in favor of client contractor in wrongful death action is affirmed.

~Indiana Court of Appeals (2003)

~794 N.E.2d 446

            * will contest over multi-million dollar estate upheld on appeal.

~Indiana Court of Appeals (2002)

~779 N.E.2d 94

            * no coverage for judgment of $1,048,500 under “your products” exclusion.

~Indiana Court of Appeals (2001)

~746 N.E.2d 993

            * wrongful death carbon monoxide case.

~Indiana Court of Appeals (1997)

~679 N.E.2d 1383

            *Severely burned minor’s case.

~Indiana Court of Appeals (1992)

~598 N.E.2d 1103

            *Client Kiger truck lessor sued for indemnity on a catastrophic highway chain reaction accident.

~Indiana Court of Appeals (1991)

~583 N.E.2d 178

            * legal malpractice defense case.

~Indiana Court of Appeals (1987)

~512 N.E.2d 232

            *health insurance exclusion.

~Indiana Court of Appeals (1984)

~464 N.E.2d 12 and 460 N.E.2d 177

            *Punitive damage award of $75,000 against client Miller Pipeline was reversed in oft cited opinion discussing elements of punitive damages and evidence required.

~Indiana Court of Appeals (1983)

~446 N.E.2d 1001

* uninsured motorist coverage.

~Indiana Court of Appeals (1981)

~424 N.E.2d 1038

* product liability case.

  • Dean v. INA

~ Indiana Court of Appeals (1983)

~453 N.E.2d 1187

*Defense verdict in arson case upheld an appeal.

~Indiana Court of Appeals (1981)

~425 N.E.2d 243

*Automobile policy cancellation case.

~Indiana Court of Appeals (1980)

~412 N.E.2d 257

* no liability for alleged negligent electrical installation in a multi-million dollar fire.