Fort Wayne Injury and Disability Attorney Nathaniel Hubley

In the 2011-2012 Session of the Indiana General Assembly, Public Law 69-2012 was passed allowing D felons to reduce their past mistakes and have them entered as Class A Misdemeanors.  ( See  new I.C. s 35-50-2-7). In order to reduce a Class D Felony conviction and have it entered as a Class A Misdemeanor: 1.  The offense cannot be of a sexual or violent nature (as defined in I.C. 11-8-8-5); 2.  The offense did not result in bodily injury to another person; 3.  The offense did not involve perjury or official misconduct. 4.  At least three (3) years must have passed since the sentence was completed (if any); 5.  At least three (3) years must have passed since any other obligations were satisfied; and 6.  The defendant has no pending criminal charges. If you meet these criteria and would like to have your Class D Felony conviction reduced to a Class A Misdemeanor in Indiana    Attorney Fort Wayne Indiana . ...

Written by:  Nathaniel O Hubley Attorney licensed in Indiana For those of us who have been involved in a car accident we know it's tough to remember what to do after the initial shock and surprise of the accident. If you are involved in a motor vehicle accident, follow these suggestions: 1 Safety precautions include: Stop your vehicle and move it to a safe nearby location; Check to see if anyone is injured; Call 911 for medical assistance; Do not leave the scene of the accident; Make sure everyone involved moves to a safe location; and If you think you are injured or think that the accident was violent enough, wait for the EMS to examine you. 2 If possible, get the other party's information, including: Name; Address (including email); Phone number(s); and Also, get the contact information of any witnesses. 3 Get the following information about all vehicles involved: Year, make, and model of the motor vehicle(s); License plate number(s); I...

Written by:  Nathaniel O Hubley Attorney licensed in Indiana It probably happens more often than most people think. Several recent clients have inquired about what options they have if their employer fails to pay their wages. The simplest option is to simply ask the employer why you haven’t been paid. Make sure you document your employer’s response and get any pertinent records you can obtain. For example, if you paycheck bounces make sure you hold onto the check and the check stub. Should the employer fail or refuse to pay the employee, the employee should proceed with contacting the Indiana Department of Labor’s Wage and Hour Division and complete an Application for Wage Claim. This application can be completed online. If you have any attorney, the attorney can handle the claim process for you. The Indiana Code provides the following two processes for: (1) employees who are currently employed with the employer; and (2) employees who have terminated. Employ...

Attorney Nathaniel Hubley   Booher v. Sheeram, LLC 937 N.E.2d 39  (Ind. Ct. App. 2010) Facts:  Before April of 2004, Hampton Inn had received complaints that the bathtubs in its guest rooms were slippery.  It thus contracted with Perma Safety to coat the bathtubs with a non-skid surface which complied with industry safety standards.  Booher was a guest at Hampton Inn subsequent to the coating of the bathtubs, but she still slipped and fell in a bathtub in her guest room and sustained injuries.  Booher filed suit against Hampton Inn, claiming that it was negligent in the maintenance of the bathtub.  Hampton then filed a motion for summary judgment and the trial court than granted Hampton Inn’s motion for summary judgment.     Issue:   Did the trial court err in granting summary judgment to Hampton Inn on the issue of duty to its business invitees? Holding:   No.  While a hotel guest is a business...

Personal Injury Attorney City of Indianapolis v. Duffitt 929 N.E.2d 231 (Ind.Ct.App. 2010) Facts of Case:   The City of Indianapolis received a complaint about the condition of a sidewalk in August of 2006, and within one or two days, the City inspected the sidewalk, determined it was a tripping hazard, and issued a work order for its repair with a “Priority 1” rating.    The City’s priority rating system used a scale of 1 to 3 to distinguish between “severely defected” sidewalks (Priority 1) and “slightly damages” sidewalks (Priority 3).    As of October of 2007, the sidewalk had not been repaired, and Duffitt tripped and fell on the sidewalk sustaining personal injuries.    She filed a complaint against the City alleging negligence in failing to repair the sidewalk, and the City filed a motion for summary judgment claiming that it was entitled to immunity under the “discretionary function” provision of the Indiana Tort Claims Act.    Inclu...