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  • Robert F. Wagner
    Robert has distinguished himself as one of the Midwest's most respected trial lawyers, having tried more than 200 cases in courtrooms throughout the United States... view bio

  • John C. Trimble

    John maintains a practice that is dominated by catastrophic, complex, and class action litigation in the State and Federal Courts... view bio

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Robert R. Foos, Jr.

Partner

T: 317.453.8642 | Mobile: 317.418.9187
F: 317.630.2790
E: rfoos@lewiswagner.com

Legal Assistant

Claudia Estrada

T: 317.237.0500
E: cestrada@lewiswagner.com

Biography

Rob focuses his practice on the representation of commercial carriers and commercial drivers in catastrophic injury and wrongful death cases.  He represents several national carriers and a host of local, inter and intra-state transportation companies.  A frequent speaker at national seminars, Rob also works closely with clients, insurers and reinsurers to provide case law updates and presentations on the latest tactics in defending trucking related claims. 

Prior to joining Lewis Wagner, Rob served as In-House Counsel and acted as managing partner for a captive law firm in the insurance industry. His experience includes third party liability claims, complex coverage issues and first party litigation. 
 
Rob is licensed to practice in both Indiana and Illinois, and has tried numerous cases in both venues. He feels most at ease in front of a jury, where his common sense approach and careful planning have proven to be a successful combination. Rob's experience as a trial lawyer and his reputation for aggressive representation allow him to resolve cases in a manner which is both fair and beneficial to his clients.

Experience

Filter Experience
Defense of trucking company in ERISA action brought by former employee.
1:13-cv-01610-TWP-DKLERISA 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 landowner following allegations from a neighboring property owner.
The plaintiff owned property across the street and downhill from our client’s property in Danville, IN. Our client undertook construction activities on his property, including the addition of commercial buildings and paved parking lots. Sometime after construction began, the plaintiff alleged that her property began to flood when it rained and that the flooding caused structural damage to her home. Plaintiff attributed this flooding and the resulting damage to her property, in part, to our client’s construction, and 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, and 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, and the Court of Appeals affirmed, holding that neither the discovery rule nor Trial Rule 15(C) rendered Bradshaw’s amended complaint timely.  Bradshaw v. Chandler, No. 49A05-0806-CV-363 (Ind. Ct. App. 2008), vacated.  The Supreme Court has granted a petition to transfer the case and has assumed jurisdiction over the appeal. 

Published Appeals:
In both the Indiana and 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
     

Honors & Awards

  • Martindale-Hubbell Peer Review Rated AV
  • Listed In The Best Lawyers in America® in the field of Personal Injury Litigation - Defendants, 2016-2017
  • Listed In Indiana Super Lawyers©, 2014-2017
  • 2014 Defense Counsel of Distinction, Quality Distribution, Inc., February 21, 2014
  • Inducted into the American Board of Trial Advocates (ABOTA), 2007
     

Professional Associations

  • ALFA International
    • Contact Partner
    • Transportation Practice Group
  • American Bar Association
  • American Board of Trial Advocates (ABOTA)
  • Defense Research Institute
  • Defense Trial Counsel of Indiana
    • Former Chair, Construction Law Section
    • Former Chair, Insurance Coverage Section
  • Indiana Motor Truck Association 
  • Indiana State Bar Association
  • Indianapolis Bar Association
    • Former Liaison for Editorial Board
  • Trucking Industry Defense Association (TIDA)

Publications

Presentations

  • Crash Avoidance Technology—Can you Afford (Not to Have) It? ALFA Transportation Practice Group Annual Seminar, May 1, 2015.
  • Rolling (Not Roadside) Inspections and Other Feats of Technology, ALFA Transportation Practice Group Webinar, March 26, 2015.
  • Yeoman’s Work or Just Busy Work: Evidence Preservation and Spoliation Issues, ALFA International Transportation Practice Group, May 8, 2013.
  • Litigating Trucking Accident Injury Claims for Plaintiffs and Defendants, Strafford Webinars and Publications, April 18, 2013.
  • Defense Concerns on In-Cab Technology / Active Safey Providers such as Rair, OnGuard and DriveCam, Indiana Motor Transport Underwriters Annual Risk Management Conference, 2012.
  • Trucking Litigation, Investigation, discovery, and pre-trial concerns of the defense in trucking litigation, Indiana Continuing Legal Education Forum, 2012.
  • TIDA Advance Seminar, February 2012.
  • Truck Accident Litigation From Start to Finish, November 2011.
  • Safety & Claims Seminar, Motor Transport Underwriters, May 2011.
  • Advanced Trial Advocacy, Litigating to Win, December 2010.
  • Medical Evidence, Excluding Treating Physicians Opinions, August 2010.
  • TIDA Advance Seminar, Powerful Closing Arguments, February 2010.
  • Arkansas Trucking Seminar, September 2009.

Pro Bono Activity

  • Indianapolis Bar Association
    • Legal Lines volunteer, 2005 - 2007

In The News

Practice Areas

Bar Admissions

  • State of Illinois, 1997
  • State of Indiana, 1998

Courts of Practice

  • State of Illinois Supreme Court, 1997
  • State of Indiana Supreme Court, 1998
  • U.S. District Court, Northern District of Indiana, 1998
  • U.S. District Court, Southern District of Indiana, 1998

Education

  • The John Marshall Law School, Chicago, Illinois, J.D., 1997
  • Indiana University, Bloomington, Indiana, B.A., 1994