Thomas C. Hays

Trials/Appeals:

Trials:

• Donald Stauffer v. Steak n Shake, Inc.
  • Facts: a slip and fall case where Plaintiff slipped and fell and cut his hand on a corner guard while Plaintiff was walking toward the restroom.
  • Venue: Marion County
  • Result:  Defense Verdict
  • Year:  2014 

• Amber Hamilton v. Steak n Shake, Inc.
  • Facts:  An altercation between two groups of customers inside a Steak n Shake restaurant.  The altercation included verbal threats.  Ultimately, the Plaintiff was shot in the face by non-party, Ricky Jackson after Plaintiff lunged and punched Mr. Jackson.
  • Venue:  Marion County
  • Result:  Favorable settlement half way through trial
  • Year: 2019 

• Jeffrey Certa v. Steak n Shake, Inc.
  • Facts: An altercation between two groups of customers outside of the Steak n Shake restaurant, in the parking lot.  Altercation culminated in Plaintiff being struck by a motor vehicle, which was driven by non-party, Mikal Gillham.  Plaintiff suffered a torn ACL.  
  • Venue:  Tippecanoe County
  • Result:  Jury apportioned 10% fault to Steak n Shake, 40% fault to Plaintiff, 20% to Mikal Gillham, and the remaining fault to various non-parties.  Plaintiff was awarded $160,000, and Steak n Shake responsible for $16,000.
  • Year: 2019 

Appeals:

• Amber Hamilton v. Steak n Shake, Inc.
  • Facts:  An altercation between two groups of customers inside a Steak n Shake restaurant.  The altercation included verbal threats.  Ultimately, the Plaintiff was shot in the face by non-party, Ricky Jackson after Plaintiff lunged and punched Mr. Jackson.
  • After the Supreme Court passed the Goodwin v. Yeakle and Rogers v. Martin opinions, the trial court granted Steak n Shake’s Motion for Summary Judgment holding that Steak n Shake did not owe Plaintiff a duty of care.  Specifically, the Supreme Court in Goodwin and Rogers created a foreseeability test which mandated that trial courts must determine whether a duty exists in 3^rd party criminal premises liability cases.  The Supreme Court held that the appropriate test was to determine (without taking into consideration the facts of a case): (1) the broad type of plaintiff; and (2) the broad type of harm involved.  We argued that although Amber Hamilton would certainly be considered the broad type of Plaintiff, namely a customer of Steak n Shake, the harm of being shot in the face was not foreseeable as a broad type of harm.  The trial court agreed and granted summary judgment.  
  • Plaintiff appealed and argued that given how long the argument lasted inside the restaurant, the animosity shown between the 2 groups, and the fact that Steak n Shake took no efforts to mitigate the fight, this all meant that Plaintiff and the fact that she was shot in the face was foreseeable in the context of at least establishing a duty of care.  The Court of Appeals overturned the trial court’s decision granting summary judgment.
  • Petition to the Supreme Court was denied.
  • Year: 2018 

• Jefferey Certa v. Steak n Shake, Inc.
  • Facts: An altercation between two groups of customers outside of the Steak n Shake restaurant, in the parking lot.  Altercation culminated in Plaintiff being struck by a motor vehicle, which was driven by non-party, Mikal Gillham.  Plaintiff suffered a torn ACL.  
  • We filed summary judgment for the same reason in the Amber Hamilton v. Steak n Shake.  Specifically, under the new test established by the Supreme Court, we argued that the Plaintiff being struck by a motor vehicle in the parking lot was unforeseeable as a matter of law.  The Trial court agreed and granted summary judgment in favor of Steak n Shake. 
  • Plaintiff appealed and made the same argument as opposing counsel made in the Amber Hamilton v. Steak n Shake case.  Specifically, opposing counsel argued that a back and forth verbal altercation which escalated into a physical fight outside of the restaurant was foreseeable to Steak n Shake, and Steak n Shake should have foreseen that someone would be injured. The Court of Appeals agreed with Plaintiff and overturned the trial court’s decision granting summary judgment.
  • Petition to the Supreme Court was denied.
  • Year: 2018

• Martindale-Hubbell Peer Review Rated AV® Preeminent
• The Best Lawyers in America® in the fields of Arbitration; Mediation; Personal Injury Litigation - Defendants, 2010-2021
  • Best Lawyers' 2020 Personal Injury Litigation - Defendants - Lawyer of the Year
  • Best Lawyers' Inaugural Business Litigation Issue - Personal Injury Litigation, Summer 2019
  • Best Lawyers' 2019 Indianapolis Mediation - Lawyer of the Year
  • Best Lawyers’ 2018 Indianapolis Arbitration - Lawyer of the Year
  • Best Lawyers’ 2016 Indianapolis Arbitration - Lawyer of the Year
• Indiana Super Lawyers®, 2005–2020 
  • Top 50, Indiana Super Lawyers®, 2012-2020
• Distinguished Barrister, The Indiana Lawyer, 2016
• Indiana State Bar Association, Litigation Section's Civility Award, 2005

• American Bar Association, 1977 - present
• American Board of Trial Advocates, 1994 - present
  • President, Indiana Chapter, 2006
• Association of Attorney-Mediators
• Defense Research Institute
  • State Liaison
  • Trial Tactics Committee
• Defense Trial Counsel of Indiana, 1982 - present
  • President, 2015
  • President-Elect, 2014
  • Board of Directors, 2004 - present
  • Diplomat, 2009
  • Trial Tactics Chair, DTCI Annual Meeting, 1999 - 2004
  • Chair, Spring Business Seminar at the Indianapolis Speedway, 2004
• Georgia State Bar Association, 1977 - present
• Indiana State Bar Association, 1979 - present
• Indianapolis Bar Association, 1979 - present
  • Litigation Section
• Indianapolis Bar Foundation
  • Distinguished Fellow, 2007
• International Association of Defense Counsel, 2002 - present
• National Association of Distinguished Neutrals
• Johnson County Bar Association, 1986 – present
• National Institute for Trial Advocacy
  • Diplomat, 1989
• The National Academy of Distinguished Neutrals, 2015

• "Mediators as evaluators - Weighing risks in resolutions," The Indiana Lawyer, October 2, 2019.
• "Prepare to break through mediation impasses," The Indiana Lawyer, May 2, 2018.
• “Do Not Treat Mediation as Routine and Ordinary,” The Indiana Lawyer, May 3, 2017.
• "New Interpretation of Additional Insured,” The Indiana Lawyer, December 2008.
• "There’s More to Arbitration Than You Think,” The Indiana Lawyer, March 2007.
• “Avoiding Waiver of Contractual Limitation,” The Indiana Lawyer, 2006.

• Opening and Closing Statements, Indianapolis Bar Association, Indianapolis, IN, May 30, 2019. 
• "Negotiating and Litigating the Damages: Defense Perspective," Damages in Personal Injury, National Business Institute, Indianapolis, IN, March 15, 2018.
• Advanced Civil Mediation Roundtable, Indiana Continuing Legal Education Forum, French Lick, IN, November 9-10, 2017.
• 9 Ancillary Issues in Personal Injury Litigation, Indiana Continuing Legal Education Forum, Indianapolis, IN, September 28, 2016, Speaker.
• Structuring the Closing Argument in the TBI Case, Trying the Traumatic Brain Injury Case, Indiana Continuing Legal Education Forum, December 18, 2013.
• Sharpening Your Tools of Persuasion, Defense Trial Counsel of Indiana annual meeting, French Lick, IN, November 16 – 18, 2011, Chair.
• It's Not A Crap Shoot!, Trial Skills, IndyBar Las Vegas Destination CLE, October 2011.
• Opening Statements, DTCI 2010 Annual Meeting, Trial Tactics Section.
• Taking Depositions that Win or Lose Your Case, Indianapolis Bar Association, March 2009.
• Trying Cases for Premises Owners, Indiana Continuing Legal Education Forum, February 2009.
• Are you Prepared for Accidents? Legal Considerations for the Construction Employer, National Business Institute,  August 2008.
• 60 Minutes to Better Jury Instructions, Indianapolis Bar Association; August 2008.
• New Trial Rules, Strategies and Tips, ISBA Indiana Solo and Small Firm Conference, 2007.
• Mediation and Jury Trial In Indiana, Zurich North America, 2006.
• Premises Liability – Slip, Trip and Fall, Closing Arguments From a Defense Perspective,  Indiana Continuing Legal Education Forum, 2005.

• Indianapolis Bar Association - Homeless Program, 2006 - Present
• NCAA Final Four—Special Events Committee, 1997
• Indiana University School of Law
  • Judge, mock trial, 1997
  • Volunteer, mock interview program, 1997

Click Here to Schedule.

• Advanced Attorney-Mediator Training: Race for Excellence AOAMED, 2018
• National Academy of Distinguished Neutrals (NADN) Advanced Mediation Training Program, 2017
• IndyBar Bench Bar Conference, 2017