Appellate Case Law Archives

To access case, press here

Frederick W. Dennerline, III, and his law firm, Fillenwarth, Dennerline, Groth&Towe ("Dennerline"), appeal from a general jury verdict and judgment in favor of Jim Atterholt, Insurance Commissioner of the State of Indiana ("the Commissioner"), on the Commissioner’s complaint against Dennerline for legal malpractice that resulted in the liquidation of the Indiana Construction Industry Trust ("ICIT") and $17,991,043 in unpaid healthcare bills for ICIT’s beneficiaries. 

Conclusion (slip op. at 35):  In sum, we conclude that the trial court did not abuse its discretion in denying Dennerline's motion to correct error as to fault allocation.  Accordingly, we affirm in all respects.

Key Analysis (slip op. at 19):  We agree with the Commissioner that the $17.9 million verdict is supported by ample evidence that the ICIT's demise was caused by Dennerline's failure to advise the trustees of their duty under Article 14.01 of the trust agreement to 'cease and terminate' the trust . . .