Mr. Hearn has tried cases to verdict in courts throughout Northern Indiana, handling all aspects of civil litigation, as well as coverage opinions and declaratory judgment actions. The Indiana Jury Verdict Reporter has selected Hearn as one of its “Most Prolific Trial Attorneys” every year since 2000. He has tried more than 100 jury trials as well as hundreds of bench trials and contested hearings. In one recent case, Mr. Hearn defended an employer accused of wrongful dismissal of an employee. The court held in his favor, stating that the reason for termination was nothing more “than legitimate business concerns related to a down-turn in the economy).” Mr. Hearn also has an active appellate practice and regularly brings appeals to the Indiana Appellate Courts.
A member of the Defense Research Institute and the Defense Trial Counsel of Indiana, Mr. Hearn spends his spare time on the water racing powerboats, small boats that can reach speeds of up to 65 mph. He’s won numerous American Powerboat Association national titles, and has been inducted into the APBA Hall of Champions more than any other racer.
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Porter County Development v. Citibank, 855 N.E.2d 306 (Ind.Ct.App. 2006) opinion adopted_N.E.2d_(Ind. 2007) (holding that Indiana’s Commercial Code prevents recovery of allegedly stolen funds used to pay credit card bills where funds were received by credit card company in good faith and without knowledge of the theft).
Querry & Harrow, Ltd. v. Transcontinental Ins. Co., 861 N.E.2d 719 (Ind.Ct.App. 2007) trans. granted (holding that attorneys hired to represent an insured owe no duty to an excess insurer and cannot be liable to the excess carrier for alleged attorney mal- practice).
Holcomb v. Walter’s Dimmick, 858 N.E.2d 103 (Ind. 2006) (holding that a report of suspected criminal activity may not be made the basis of civil liability where the report to the authorities was made in good faith even though it was erroneous).
Lovings v. Cleary, 799 N.E.2d 76 (Ind.Ct.App. 2003) (holding that the sudden emergency defense is not available where all parties have knowledge of slippery road conditions).
AT&T Wireless v. Town Porter, 203 F.Supp.2d 985 (N.D.Ind. 2002) (holding that a municipality may not be required to grant a zoning exemption for a cellular phone tower under federal law where the municipality has a factual basis reduced to writing for its denial of the exemption).
Thomas v. Dyer Construction Co., 698 N.E.2d 320 (Ind.Ct.App. 1998) (holding that a contractor may be liable to an injured worker where questions of fact exist as to the dis- charge of any alleged duty).
Zosso v. Porter County, 676 N.E.2d 1108 (Ind.Ct.App. 1997) (holding that the county highway department may be liable for a failure to properly maintain a railroad crossing).
Chodock v. American Economy, 3:05-CV-750 (N.D.Ind. 2007) (holding that an insurer cannot be liable for bad faith where a factual dispute exists as to whether the insurance agent for the insured may have obligated the carrier to provide underinsured motorist coverage even though the language of the policy did not).
Kozuszek v. Brewer, 2:05-CV-394 (N.D.Ind. 2007) (holding that the county clerk as a member of the election board may not be liable for damages for “spoiling” an election ballot in the absence of evidence of bad faith).
Barton v. Safeco Ins. Co., 2009 U.S. Dist. LEXIS 100628 (N.D. Ind. Oct. 29, 2009) (holding that accident reconstructionist’s opinion was not admissible where expert’s methodology was nothing more than speculation and insurer could not be liable for bad faith for denying underinsured motorist claim where there was evidence that the insured caused the accident).