Robert R. Foos, Jr.

Practice Details

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• Firm Information
  Position

  Partner

  Firm Name

  Lewis Wagner, LLP
• Representative Cases & Transactions
  Cases

  Experience: Representative Cases: Defense of trucking company in ERISA action brought by former employee.
  1:13-cv-01610-TWP-DKL
  Obtained summary judgment on behalf of private l
  owner following allegations from a neighboring property owner.
  Bradshaw v. Affirmative
  49S05-0904-CV-00150
  Defense of trucking company in ERISA action brought by former employee.
  1:13-cv-01610-TWP-DKL ERISA claim alleging Celadon failed to provide required information for plaintiff to make a claim for benefits. The Court granted Celadon's Motion for Summary Judgment finding that Celadon had no duty under ERISA because it was not the plan administrator.
  Obtained summary judgment on behalf of private l
  owner following allegations from a neighboring property owner.
  The plaintiff owned property across the street
  downhill from our client's property in Danville, IN. Our client undertook construction activities on his property, including the addition of commercial buildings
  paved parking lots. Sometime after construction began, the plaintiff alleged that her property began to flood when it rained
  that the flooding caused structural damage to her home. Plaintiff attributed this flooding
  the resulting damage to her property, in part, to our client's construction,
  argued that he was liable under a theory of negligence. On summary judgment, we argued that the common enemy doctrine, which protects those who erect obstructions that affect surface water, precluded the plaintiff's claims. Plaintiff responded by filing her own motion for summary judgment, alleging a series of purported issues of fact. Following oral arguments, the Court agreed that the common enemy doctrine applied. In doing so, the Court denied plaintiff's motion for summary judgment,
  granted summary judgment for our client.
  Bradshaw v. Affirmative
  49S05-0904-CV-00150
  Following a car accident, Ezra Bradshaw filed a complaint against his own insurance company for underinsured motorist benefits. Over two years after the accident, Bradshaw amended his complaint against his own insurance company to add a claim for uninsured motorist benefits. The insurance company moved for summary judgment, arguing the amended complaint was barred by a two-year contractual limitation period. The trial court granted the motion,
  the Court of Appeals affirmed, holding that neither the discovery rule nor Trial Rule 15(C) rendered Bradshaw's amended complaint timely. Bradshaw v. Ch
  ler, No. 49A05-0806-CV-363 (Ind. Ct. App. 2008), vacated. The Supreme Court has granted a petition to transfer the case
  has assumed jurisdiction over the appeal.
  
  Published Appeals: In both the Indiana
  Illinois Courts, Robert has successfully tried more than forty (40) cases to jury verdict including: Bradshaw v. Affirmative (Supreme Court of State of Indiana) - grant of summary judgment
  Mattson v. Galich (Lake County Superior Court) - defense verdict at trial
  Pelak v. Pearson (Marion County) - summary judgment
  Wallot v. Buchinsky (Harrison County Superior Court) - defense verdict at trial