Miller V Shively

85C01-0312-CT-000652 | Indiana State, Wabash County, Circuit Court

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Filed Dec. 1, 2003
Case Type CT - Civil Tort
Status Decided
Last Updated: 2 years, 2 months ago
Filing Date # Docket Text
7/2/2010473619396Description: Converted Event
Comment: Comes now the Court and advises the parties herein that evidence currently retained in the exhibit room of the Wabash Circuit Court and related to this case will be destroyed if not retrieved on or before the 15 day of July, 2010. Persons retrieving exhibits will be required to sign a written acknowledgment which will be filed under this cause of action. CO.# (RJO? N) | JTS Minute Entry Date: 07/02/2010
1/25/2005473253606Description: Converted Event
Comment: Plaintiffs, by counsel, file Satisfaction of Judgment with proposed Order. OE on Order of Satisfaction. CO.* (RJO? Y) | JTS Minute Entry Date: 01/24/2005
12/17/2004472169259Description: Converted Event
Comment: Calendar: PROCEEDINGS SUPPLEMENTAL (Time: 13:00:00) (Judge: 01 )
12/2/2004473246142Description: Converted Event
Comment: Certified mail receipts returned: Pekin Insurance Company received 12-1-04; Jerry Shively received 12-1-04. ejm (RJO? N) | JTS Minute Entry Date: 12/02/2004
11/29/2004473245258Description: Converted Event
Comment: Motion for Prejudgment Interest filed with Motion for Proceedings Supplemental, Summons to Garnishee-Defendant, Summons to Judgment-Defendant and proposed Order to Appear. OE to Appear December 17, 2004 at 1:00 p.m. The Court notes Motion for Prejudgment Interest shall be heard at this time. # (RJO? Y) | JTS Minute Entry Date: 11/29/2004
11/10/2004473242663Description: Converted Event
Comment: Plaintiffs appear in person and by counsel Hovde. Defendant appears in person and by counsel O'Connor. Plaintiff presents evidence and rests. Defendant presents evidence and resets. Plaintiff files Motion for Judgment on the Evidence. The Court notes filing by fax. Jury returned into jury room. Argument heard on Motion for Judgment on the Evidence. Motion denied. The Court tenders to the parties proposed Instructions numbered 1-26. Proposed Verdict Forms tendered. Opportunity given for objection. Jury returned into open court. Final argument heard. Final Instructions read. Bailiff sworn. Jury retires to deliberate. Jury submits question inquiring regarding insurance. Agreed answer submitted. Jury indicates they have reached verdict. Jury returned into open court. The Court finds Verdicts in proper form. OE on Judgments in accord with Jury Verdicts. The Court notes judgment herein in favor of Plaintiff Teresa Miller and against Defendant Jerry Shively in the sum of $430,000.00. The Court notes judgment in favor of Defendant Shively and against Plaintiff Louis Miller. Costs taxed to Defendant. Insurance on judgment herein as provided by law. COPY OF VERIDICT FORMS AND JUDGMENT TO COUNSEL. CO. # /km (DISPOSED: JT ) (RJO? Y) | JTS Minute Entry Date: 11/10/2004
11/10/2004473242437Description: Converted Event
Comment: Plaintiffs appear in person and by counsel Hovde. Defendant appears in person and by counsel O'Connor. Plaintiff files Second Motion in Limine. The Court tenders proposed Preliminary Instructions numbered 1 through 10 to the parties. Opportunity given for objection. Parties Motions in Limine heard and determined. Preliminary panel of jurors brought into open court. Introduction given and preliminary oath administered. Voir dire conducted. Six regular jurors selected and one alternate juror selected. Final Oath given. Preliminary Instructions read. Opening statements heard. Plaintiff begins presentation of evidence. Plaintiff files depositions of Timothy A. Hupfer, Mark V. Reecer, Daniel E. Lehman, Jerry Milton Shively and Teresa L. Miller. Same are deemed filed and published. Cause adjourned for the day. # (RJO? N) | JTS Minute Entry Date: 11/09/2004
11/3/2004473241343Description: Converted Event
Comment: Defendant files Motion in Limine regarding liability insurance with Motion to Tender More Than Ten Requested Instructions and proposed Instructions numbered 1 through 14. The Court authorizes additional Instructions. # (RJO? N) | JTS Minute Entry Date: 11/01/2004
11/3/2004473241339Description: Converted Event
Comment: Plaintiffs' Tender of Instructions filed. # (RJO? N) | JTS Minute Entry Date: 11/01/2004
10/29/2004473240916Description: Converted Event
Comment: Plaintiff files Motion in Limine. Same to be heard first morning of trial. The Court notes filing by certified mail October 28, 2004. # (RJO? N) | JTS Minute Entry Date: 10/29/2004
10/7/2004473237293Description: Converted Event
Comment: Plaintiffs appear by counsel Hovde. Defendant appears by counsel O'Connor. Plaintiff files Contentions in form of Pre-Trial Order. Defendant files Contentions, Witness and Exhibit List.* (RJO? N) | JTS Minute Entry Date: 10/06/2004
8/31/2004473231049Description: Converted Event
Comment: Letter received from mediator indicating settlement was not reached.* (RJO? N) | JTS Minute Entry Date: 08/31/2004
8/30/2004473230597Description: Converted Event
Comment: Defendant files Contentions, Witness and Exhibit List. The Court notes filing by certified mail August 27, 2004.* (RJO? N) | JTS Minute Entry Date: 08/30/2004
8/27/2004473230357Description: Converted Event
Comment: Plaintiff's Witness and Exhibit List filed. The Court notes filing by certified mail August 26, 2004.* (RJO? N) | JTS Minute Entry Date: 08/27/2004
7/15/2004473223177Description: Converted Event
Comment: Plaintiff's Written Offer of Settlement filed.* (RJO? N) | JTS Minute Entry Date: 07/15/2004
6/28/2004473220455Description: Converted Event
Comment: Letter received from Richard C. Kraege indicating he will be serving as mediator herein and that mediation has been scheduled for August 25, 2004.* (RJO? N) | JTS Minute Entry Date: 06/28/2004
6/4/2004473216756Description: Converted Event
Comment: Parties submit Notice of Selection of Mediator showing The Mediation Group selected as mediator herein.* (RJO? N) | JTS Minute Entry Date: 06/04/2004
2/17/2004473198177Description: Converted Event
Comment: Defendant files Motion to Withdraw Affirmative Defense with proposed Order. OE granting Motion . The Court notes filing by certified mail February 11, 2004.* (RJO? Y) | JTS Minute Entry Date: 02/12/2004
2/5/2004473196857Description: Converted Event
Comment: Plaintiff appears by counsel Hovde. Defendant appears by counsel O'Connor. Cause set for 2 day trial by jury November 9 & 10, 2004 at 9:00 a.m. Counsel for parties to appear at 8:30 a.m. for hearing pre-trial motions. Final pre-trial conference set October 6, 2004 at 8:30 a.m. OE on Case Management Order. COPY TO COUNSEL.* (RJO? Y) | JTS Minute Entry Date: 02/04/2004
1/21/2004473193973Description: Converted Event
Comment: Defendant files Notice of Service of Discovery. The Court notes filing by certified mail January 20, 2004.* (RJO? N) | JTS Minute Entry Date: 01/21/2004
1/20/2004473193650Description: Converted Event
Comment: Plaintiff files Praecipe for Pre-Trial Conference. Pre-trial conference set February 4, 2004 at 8:30 a.m.* (RJO? N) | JTS Minute Entry Date: 01/20/2004
1/5/2004473190986Description: Converted Event
Comment: Defendant files Answer, Affirmative Defenses and Jury Demand. The Court notes filing by certified mail January 2, 2004.* (RJO? N) | JTS Minute Entry Date: 01/05/2004
12/22/2003473189172Description: Converted Event
Comment: James J. O'Connor, Jr., submits Appearance on behalf of Defendant. Defendant files Motion for Extension of Time with proposed Order. OE Extending Time to and Including January 26, 2000. The Court notes filing by certified mail 12/17/03. # (RJO? N) | JTS Minute Entry Date: 12/18/2003
12/4/2003473186705Description: Converted Event
Comment: Certified mail receipt for Jerry Shively returned, received on 12/3/03 by V. Shively. kl (RJO? N) | JTS Minute Entry Date: 12/04/2003
12/1/2003473185901Description: Converted Event
Comment: Complaint for Damages filed with Summons. Appearance of Frederick R Hovde filed. (RJO? N) | JTS Minute Entry Date: 12/01/2003
12/1/2003472449817Description: Converted Event
Comment: Docket Level Entry: Entry/Fee - Book: 29 Page: 199
Financial Information
Party name: Jerry M Shively
Party type: Defendant
Balance Due: 430,000.00 (as of 11/05/2022)

Charge: 430,000.00
Payment: 0.00
Credit: 0.00

Transaction Summary:
11/10/2004 - Transaction Assessment - 430,000.00
Financial Information
Party name: Teresa L Miller
Party type: Plaintiff
Balance Due: 0.00 (as of 11/05/2022)

Charge: 109.00
Payment: 109.00
Credit: 0.00

Transaction Summary:
12/02/2003 - Counter Payment - (109.00)
11/10/2004 - Transaction Assessment - 109.00