Kenneth J. Allen & Associates, P.C.

BY BRIAN WILLIAMS
Tuesday, November 25, 2008

VALPARAISO | From 200 to 300 victims of September's flooding across the region received a measure of help in the form of a turkey dinner with all the trimmings Monday at Strongbow Inn.

Lisa and Randy Dammarell, of Hobart, said they appreciated being able to go out for a nice meal with their children Colton and Nicole.

After 7 feet of water shut down their business, Lake George Bait and Tackle, they were hit with a Catch-22 in seeking assistance, Lisa Dammarell said.

They were turned down for a loan by the Small Business Administration because with their source of income gone, they were deemed a poor risk for being able to pay back the loan.

So as they work to reopen the business, the formal dinner was a very generous offer, she said.

The dinners, which will continue with two more seatings today, were the gift of Valparaiso attorney Kenneth Allen.

The event was an acknowledgement, Allen said, "that all of us suffer when some of us suffer." It was an attempt to show the flood victims that people care. "It's nice to do something for others when we can."

Allen attributed the idea for the dinners to his wife, Nina, and thanked the United Way for logistical help in publicizing the event and distributing tickets.

Theodis and Wallynda Clayborne lost furniture and appliances when 18 inches of water flooded their Gary basement. More painful was the loss of irreplaceable items such as baby photos, holiday decorations their three kids made and daughter Jailynn's christening dress.

"That can't be replaced," Wallynda Clayborne said. "You can't put a money amount on that."

The Strongbow dinner, Theodis Clayborne said, was "a blessing."

Maggie Valene, who also lost furnishings in the basement of her Gary house, also appreciated the dinner.

"It's wonderful. It make you feel nice," she said.

Valene saw homes worse off than hers in the disaster, so she chose to look on the positive side.

"We survived," she said. "It could be worse."

Staff Report

CHICAGO - Injury Attorneys Kenneth J. Allen & Associates sponsored the Youth Summit 2008 in Chicago’s Washington Park on Saturday, August 23rd. The firm underwrote about one-third of the event’s total costs, which was held in conjunction with 35 Chicagoland churches, the United Churches for Christ and the International New Vision Outreach Ministries (INVOM). The Youth Summit is a yearly event geared toward helping disadvantaged youth on Chicago’s South Side refocus their lives.

Chicagoland job placement, outreach and city officials came together at the event to offer young South Siders positive alternatives to the streets such as after-school programs, employment opportunities, counseling services and guidance. Entertainment included a concert by local recording artist, Platinum Souls, the Nubian ensemble dance team and a tumbling group, Tumbling for Success.

Kevin L. Tuggles of INVOM said, “The breakdown in family structure in the inner-city has left many youths void of true family structure, morals, and values, leaving them to retreat to the streets and gangs for a sense of ‘family belonging.’ We must get together as a community to instill the values, morals, and hope in our youth, while they are still in their most impressionable and formative years of life. We hope that these positive values will continue to be the driving factors in life as they mature.

Tuggles thanked Mr. Allen “for his sponsorship, contribution and support...your generosity will help us in our endeavors to help others.”

BY KEN KOSKY
http://www.nwi.com/articles/2008/08/30/news/porter_county/doc50d36aac0be03b7d862574b4007e8050.txt
219.548.4354 | Saturday, August 30, 2008 |

One of the workers who was badly burned by flames in a molten steel accident a year ago at ArcelorMittal's Burns Harbor plant filed a lawsuit Friday seeking more than $55 million.

The worker, Jeremy Schoon, 31, of Valparaiso, filed the lawsuit before Chief Lake Superior Court Judge John Pera.

Attorney Kenneth J. Allen, whose firm is representing Schoon, said Schoon has incurred more than $1 million in medical bills and is physically and emotionally scarred for life as a result of being burned on 60 percent of his body. Allen seeks at least $5 million in personal and monetary damages and at least $50 million in punitive damages.

"As the mills make record profits, death and injury to steel workers continues to increase. Something needs to be done to stop it," Allen said. "The goal of our suit is to send a message to the steel mills and the contractors they hire: Change your business model. Put worker safety first, above increased profits, not the other way around. This is an especially important message on Labor Day."

The lawsuit targets ArcelorMittal; EQ Engineers, which did design work at the facility; and Graycor Industrial Constructors, Inc., which constructed EQ's design work.

Schoon was one of seven workers burned Aug. 28, 2007, when flames and molten steel shot out of a basic oxygen furnace. Although the victims were wearing protective clothing, the heat was so intense they were burned.

Allen said companies like ArcelorMittal should be using some of their record profits to increase safety, but he said safety is actually decreasing.

Schoon's wife, Veronica Schoon, said her husband's life is forever changed, as daily stretching, medication and therapeutic baths consume his time.

She said the hardest thing for her husband is "not being able to do with the children what he's always done."

The Schoons have three children, ages 2, 7 and 10. Veronica Schoon said her husband, who was hospitalized for about a month, is back to work, but in an office because he must be in a temperature controlled environment for the rest of his life.

"It's been hard," Veronica Schoon said, crying.

Allen said Schoon is the first of the seven injured men to file suit, but he expects others to follow.

A spokesperson for ArcelorMittal did not return calls seeking comment.

BY KEN KOSKY
219.548.4354 | Friday, August 01, 2008 |

VALPARAISO | A Valparaiso construction worker -- paralyzed when an "untrained" and "incompetent" heavy equipment operator struck him in the head with an excavator shovel and knocked him into a hole -- will get a handicapped-accessible van, a scooter and perhaps a home.

Bruce Johnson, who is in his mid-60s and currently being cared for by his sister in Florida, is getting a $2.2 million settlement from the responsible parties.

Attorney Kenneth J. Allen negotiated the settlement for Johnson after another Porter County attorney and some Chicago attorneys were unable to help him and declined the case.

"I'm very thankful to (Allen's law firm) for winning my case, especially after the Chicago lawyers all said it couldn't be won," Johnson said.

"This settlement is going to make my life easier and give me some freedom."

Allen said, "It's nice to be able to help somebody."

"It (the settlement) was all he could possibly get, and coming into it he was looking at getting nothing essentially."

Allen said injury victims generally can't sue their own employer, but rather just get workmen's compensation. Johnson and the heavy equipment operator both worked for companies owned by the same individual.

"There are exceptions to that rule (that employers can't be sued)," Allen said.

The defendants in the case were Local Service LLC; Roger Tomlinson, who controlled the job site; M.T. Broviak LLC; Roland Machinery Co.; Mark Fisher, equipment operator; and Komatsu America Corp.

Although the terms of the settlement were sealed, the facts were spelled out in court documents Allen filed Thursday to protect his client from a previous attorney. One of the attorneys is trying to collect more than $10,000 in attorney's fees even though he ended up not helping Johnson.

Johnson was struck April 14, 2004, by a 16-ton excavator operated by a man with no special training, who didn't know standard hand signals for operating heavy equipment, who was an accountant by education and who had a history of embezzlement and forgery, according to court documents. Documents also say the excavator had a broken, missing or defective side mirror.

As a result of the accident, which occurred at a residential construction site at 4407 Goodrich Road in Valparaiso, Johnson became paralyzed. He has limited use of his upper extremities.

Allen said the settlement will pay the hundreds of thousands of dollars in medical bills and pay for Johnson's continuing care. Before becoming a construction worker, Johnson worked at Bethlehem Steel for 36 years until it went bankrupt.

"At least this (settlement) gives him some mobility, some ability to engage in life again," Allen said.

BY BOB KASARDA
Monday, June 23, 2008

VALPARAISO | A jury is expected to be chosen this afternoon to hear the case against an Ohio truck driver accused of running a red light on Ind. 49 and killing a 91-year-old driver.

Sampson Boadi, 42, of Columbus, is charged with felony counts of reckless homicide and criminal recklessness and misdemeanor counts of criminal recklessness and reckless driving in connection with the crash at 12:30 p.m. Oct. 8, 2006, at the highway's intersection with County Road 400 North, or Vale Park Road.

Boadi is accused of running a red light while traveling north on Ind. 49 and striking a westbound car driven by Earl Eaton, of Liberty Township.

Eaton died as a result of chest injuries, according to emergency officials.

The case will be heard in the courtroom of Porter County Superior Court Judge Bill Alexa.

Deputy Prosecutor Andrew Bennett will pursue the case, and Eaton will be defended by attorney Gary Germann.

Surviving family members of the accident victim filed a wrongful death civil suit against Boadi and trucking firms Q.S. of Illinois, Quality Services and Hub Group.

The suit accuses the trucking companies of negligence for hiring and retaining Eaton, who had prior violations of Federal Motor Carrier Safety Regulations, according to attorney Kenneth J. Allen.

The offenses include logbook violations, Allen has said.

The lawsuit seeks an unspecified amount of money.

LEADERSHIP IN LAW
| Wednesday, April 30, 2008 |

Kenneth J. Allen Attorney and Principal, Kenneth J. Allen & Associates, Valparaiso

Indiana University School of Law – Bloomington

Kenneth J. Allen is recognized as a foremost plaintiff lawyer in personal injury and wrongful-death cases, leading Indiana in million dollar verdicts for the last several years. He often speaks at continuing legal education seminars about personal injury and accident litigation. But Allen is also known in the community for his success outside of the practice of law. 

He has made financial contributions to various programs and organizations, such as Unite 2 Fight Paralysis and the Northwest Indiana Spinal Cord Injury Walk; Pro Bono Volunteer Recognition Night of the First Judicial District Pro Bono Committee; and Hilltop Neighborhood House, which helps families and children in Porter County. Allen sponsors "Teachers of Excellence:' which recognizes outstanding local teachers. 

For the past 10 years, Allen and his wife have donated tens of thousands of dollars to buy Christmas gifts for northwest Indiana children. Last year, according to a news report, the Allens gave $50 to every child living in area shelters during the holidays, which was distributed by the United Way partner agency shelters in the form of gift certificates.

It's Allen's generous work with the United Way that has positively impacted the community the most.  Through his donation to the agency, every kindergarten-age child in Lake, LaPorte, and Porter counties' public and private schools received a child identification kit, which included identification bracelets and instructions for taking fingerprints. 

The United Way of Porter County has recognized Allen and his wife as leading contributors to its annual campaign. He's also been a recipient of the Child Safety Advocate Award given by the Indiana University School of Medicine and the Indiana Safe Kids Coalition.

Results are important, but Indiana lawyers are prohibited from advertising statistical data or other information based on past performance.

Feel free to contact us by telephone or in person at our office and we will be happy to discuss our prior cases with you. In the interim, feel free to browse our website for related stories to our cases.

http://www.kenallenlaw.com/news.htm

BY KEN KOSKY
kkosky@nwitimes.com
219.548.4354 | Friday, October 12, 2007 |

VALPARAISO | A young woman who was rendered a paraplegic when the car she was riding in was struck by a semitrailer five years ago will receive a $24 million settlement from the semi's owner and its insurance carrier.

Lisa Keppen, of Porter County, will receive payments for the remainder of her life, according to the settlement her attorney, Kenneth J. Allen, negotiated for her.

Allen said the money will ensure Keppen's health care will be taken care of for life.

"She would give that money back in a heartbeat if she could erase the tragedy," Allen said.

Keppen, 20, suffered a spinal injury on June 19, 2002 when a USF Holland semitrailer eastbound on U.S. 12 turned in front of the car Keppen was riding in. The crash occurred at U.S. 12 and Kansas Avenue in the Pine Township section of Porter County.

The crash caused Keppen to lose her ability to walk and control her bowel and bladder functions, according to court documents. The documents state she suffers chronic pain and depression, and will require assistance from others for the rest of her life -- an estimated 61 more years. Her medical care will cost an estimated $5.7 million.

"Apart from her economic damages, Lisa has suffered enormous human loss as a result of her injury including: the permanent loss of a normal life, constant and intractable physical pain, emotional suffering and, of course, disfigurement," Allen states in court documents.

Allen alleged USF failed to properly train, test and supervise its drivers. USF didn't admit negligence, but offered a settlement, according to court documents.

BY KEN KOSKY
kkosky@nwitimes.com
219.548.4354 | Saturday, October 06, 2007

PORTAGE | A Portage jury on Thursday awarded $1.25 million to an area resident whose foot was run over and badly crushed during an accident four years ago.

The injured man's attorney, Kenneth J. Allen, said the verdict appears to be an Indiana record for this type of injury and the highest ever awarded in a courtroom at the North Porter County Government Center in Portage.

"The jury worked hard to do the right thing, deciding that this injury will have life-long consequences to Aaron (Jones, the injured man), whose life expectancy is 57.8 more years," Allen said.

"The jury took into account the fact that he can't come back to court 10 years from now when his condition becomes more disabling, so the verdict included money for future problems. The jury's verdict was fair and just."

Jones, 23, who lived in Valparaiso but who now lives in Hammond, was struck Dec. 13, 2003, on Interstate 65 in DeMotte. Jones was a student returning from Indiana University Bloomington in a pickup truck driven by Ray Ramirez III, 25, of Valparaiso. Ramirez spun out on the black ice he encountered on a northbound bridge. He truck hit a guardrail and became disabled, blocking the northbound passing lane.

While Jones attempted to move the truck off the road, Mark Franciose, 19, lost control of his car and hit the guardrail and disabled pickup truck, running over Jones' foot and crushing bones.

"My passion is geology and this injury makes it difficult for me to do my job and complete my doctorate," said Jones, who is working for the Indiana Geological Survey and who is pursuing a doctoral degree in geology.

"The jury's verdict will help me focus on my career goals without worrying over medical bills I can't afford."

The jury served under Porter Superior Court Judge Jeffrey Thode.

BY BRIAN WILLIAMS
bwilliams@nwitimes.com
219.548.4348 | Friday, June 15, 2007

VALPARAISO | Tainted Peter Pan peanut butter led to the salmonella poisoning and kidney failure of 11-year-old Krystina Brugh of Lowell, her family alleges in a lawsuit filed Thursday against ConAgra Foods in U.S. District Court in Hammond.

The suit claims the nation's food supply is at risk due to inadequate oversight and calls for overhaul of the U.S. Food & Drug Administration.

The girl will undergo a kidney transplant Monday, receiving a new organ from her father, the family said at a morning news conference at the Valparaiso office of attorney Kenneth Allen.

The suit seeks unspecified compensatory and punitive damages.

The family wants changes in the nation's "broken system" of food inspection that allow food manufacturers to be self-policing, Allen said.

The FDA cannot force plant shutdowns or force recalls and has no subpoena power, Allen said as he called for the agency's food safety functions to be dismantled and replaced by single agency responsible for food safety.

The February salmonella outbreak and recall of Peter Pan and Great Value peanut butter manufactured at a ConAgra plant in Georgia, Allen said, resulted from inadequate inspection, questionable testing and unsanitary procedures.

Krystina, a cheerleader, gymnast and Girl Scout, was first diagnosed with stomach flu, Allen said. When salmonella poisoning was discovered, it "ravaged her kidneys" and led to months of kidney dialysis and the upcoming transplant.

The lawsuit was brought to protect other consumers and families, Allen said.

"We're not in this for a settlement," Allen said. "We're in this for some change."

Krystina's parents, John and Christina Brugh, said Krystina fell ill in late January after eating peanut butter, her favorite food, two weeks before the FDA announced a recall of the ConAgra product for suspected salmonella contamination.

Stephanie Childs, a spokesperson for ConAgra Foods, said she couldn't comment on the lawsuit, as the company had not seen it yet.

On Feb. 14, ConAgra initiated a voluntary recall of Peter Pan peanut butter based on information from the FDA drawn from a report of the Centers for Disease Control, Childs said.

"It is of deep concern to us that any consumer may have been harmed" by a ConAgra product, Childs said. The company is addressing each complaint of illness from tainted food as appropriate, she said.

BY BOB KASARDA
bkasarda@nwitimes.com
219.548.4345 | Wednesday, December 06, 2006

VALPARAISO | An Ohio truck driver, already facing criminal charges for a fatal crash along Ind. 49, has been named in a wrongful death lawsuit.

Surviving family members of accident victim Earl Eaton filed the civil lawsuit Monday against driver Sampson Boadi, and trucking firms Q.S. of Illinois, Quality Services and Hub Group.

The suit accuses the trucking companies of negligence for hiring and retaining Eaton, who had prior violations of Federal Motor Carrier Safety Regulations, according to attorney Kenneth J. Allen.

The offenses include logbook violations, he said.

"That kind of person should not be on the road, at least as a professional driver," Allen said.

The lawsuit seeks an unspecified amount of money.

Boadi, 41, of Columbus, made an initial court appearance last month and pleaded not guilty to felony counts of reckless homicide and criminal recklessness, and misdemeanor charges of criminal recklessness and reckless driving.

He is accused of running a red light Oct. 8 at County Road 400 North (Vale Park Road) while driving north on Ind. 49 and striking a car driven west by Eaton, 91, of Liberty Township.

Eaton died as a result of chest injuries, according to emergency officials.

If found guilty, Boadi faces between two and eight years behind bars on the reckless homicide charge and up to three years on the criminal recklessness count.

BY KEN KOSKY
kkosky@nwitimes.com
219.548.4354 | Friday, October 06, 2006

A jury on Thursday decided that Ted K. Fields was in bad hands with Allstate and awarded the Valparaiso man $20 million.

Fields' attorney, Kenneth J. Allen, said the jury's decision supports his contention that Allstate acted in bad faith against its customers, and he hopes the verdict sends a message to Allstate and other insurers to treat their customers fairly.

Allen said Allstate has had a policy for the past decade that gives its policyholders two choices -- accept a poor settlement or face a long, drawn out legal fight. He said insurers traditionally pay out 70 cents on the dollar for claims, but Allstate began paying 52 cents on the dollar in order to return millions to shareholders.

Allstate disagrees with Allen's assessment and the decision of the jury in Lake Superior Court Judge Diane Kavadias-Schneider's court.

"We disagree with the jury's verdict and we're disappointed in the resulting damages award," said Karen Spica, senior corporate relations manager.

"Allstate believes the decision in the case by the Appellate Court in Allstate's favor was correct and we will pursue a further appeal to the court. Allstate's claim processes are sound. Our goal is to investigate, evaluate and promptly resolve each claim fairly and on its merits."

The case against Allstate almost didn't go to trial because of an Appellate Court ruling, but the Indiana Supreme Court vacated that decision.

Allen said Fields, 50, who is now retired on disability from his job as a steelworker, suffered spinal injuries in a 1995 crash. After the insolvency of the insurer for Jimmie Woodley, 57, of Gary, the driver who caused the crash, Allstate became responsible under the uninsured motorist coverage it sold Fields.

Fields suffered $7,000 in medical bills and $18,000 in lost wages, but Allen said Allstate forced Fields into a nearly 10-year battle. Allen said many people yield to Allstate's tactics, but Fields would not.

Allen said a doctor and psychiatrist testified during the two-week trial that the stress caused by Allstate's actions contributed to Fields' rise in blood pressure, which led to heart problems and a stroke.

"All I ever wanted was to get my car fixed and my bills paid, but Allstate turned my claim into World War III," Fields said in a statement.

Allen said he believes the $20 million verdict is the largest bad faith verdict ever rendered against an auto insurer in Indiana.

"When Ted was hurt by an uninsured motorist, he believed he was in good hands...," Allen said.

"He soon realized Allstate's good hands were in reality boxing gloves."

Allen said insurance customers have a right to having their claims paid in full and anything less "is flat wrong."

August 17, 2006

Tona Kunz, Daily Herald Staff Writer

An Aurora family is suing the city and its fire department claiming slow ambulance service led to the death of the family's patriarch.

Sheri Myers filed the lawsuit this month on behalf of herself and her three brothers over the death of their father, Vernon Panega.

"It really is everyone's worst nightmare," said Kenneth J. Allen, the Chicago attorney hired by the family. "Ambulances should run. We think a message needs to be sent that this is not the way to run a fire department or emergency service."

According to the lawsuit, Panega experienced breathing difficulty March 9

and an ambulance was called to take him to the hospital. The ambulance arrived, but was unable to leave with Panega because of an undisclosed problem, likely mechanical or fuel related, Allen said. Panega waited about 45 minutes before he was taken in an ambulance, and during that time he suffered a heart attack and brain injury due to reduced oxygen, Allen said.

The 82-year-old who had been in good health prior to the ambulance call never recovered and died July 1, Allen added.

The lawsuit seeks an undetermined amount of money for negligence and wrongful death, claiming the fire department failed to maintain its vehicles and lacked a plan for when vehicles do not operate. The suit says the ambulance was parked in such a way that it blocked other vehicles, prohibiting someone from moving Panega to another vehicle to get him to the hospital.

Aurora fire officials and the city attorney could not be reached for comment.

Sheri Myers, who serves as executor of her father's estate, declined comment.

© 2006 Daily Herald Record Number:

870784

Daily Herald

BY KEN KOSKY
kkosky@nwitimes.com
219.462.5151 | Sunday, August 13, 2006

The family of a Valparaiso motorcyclist killed when a truck smashed into him filed a $30 million wrongful death lawsuit Friday in LaPorte Superior Court.

The crash that killed Larry Davis, 43, occurred June 15 at U.S. 421 and County Road 300 North in LaPorte County. Davis, who is survived by his wife, Darcie, two daughters and four step-children, was operations manager at National Intermodal Services in Chicago.

Police reports state 20-year-old Adam Deutscher, of Michigan City, was driving a Suburban and may have fallen asleep before driving into Davis, who was stopped waiting to turn. A witness told police Deutscher continued driving "with a person on the front of the truck with arms in the air."

Deutscher's vehicle, with Davis still on it, ended up swerving into the opposite lane and striking another vehicle.

"This is one of the most horrific deaths I've come across," said the family's attorney, Kenneth J. Allen.

The lawsuit names Deutscher and his family's company, The Masonry Stop Inc., as defendants. Allen said Deutscher was working for the company at the time of the accident.