Our attorneys have been featured in a number of newspaper articles, including the following:

P-H-M settles molestation lawsuit
South Bend Tribune, April 19, 2007 (Jeff Parrott)

In April 2007, the Penn-Harris-Madison School Corporation and its insurance carrier paid $2.9 million to settle a civil lawsuit brought by a former P-H-M student who was the victim of repeated molestations by her Walt Disney Elementary School teacher, Timothy Wyllie. Then 9 years old, the student suffered at least 100 acts of molestation by Wyllie, who pleaded guilty in 2005 to the crime and is now serving a 30-year prison term. On behalf of the girl, Charlie Rice filed suit against P-H-M, alleging that the school corporation was vicariously liable for the conduct of its employee, Wyllie. Among other things, Rice argued that P-H-M should have become suspicious after encountering numerous red flags, including an incident in which another employee found Wyllie and the girl alone in a locked room. P-H-M initially raised "contributory negligence" as a defense, claiming that the victim was responsible for allowing her own molestation. "After about a year and a half, P-H-M withdrew that defense," said Rice. "They withdrew any doubt about whether this child did anything wrong. This kid's a hero. She did what any child would do in this situation, and that's come forward and tell someone."

Jury awards $550,000 over lost eyesight
South Bend Tribune, March 4, 2006 (Marti Goodland Heline)

After two and one-half hours of deliberations, a federal jury in South Bend awarded Robert L. Miller, Sr., $550,000 for the loss of sight in his left eye -- $150,000 more than his attorney, Charlie Rice, suggested during closing arguments. While on vacation with his family at a Jamaica resort, Mr. Miller was hit by the corner of a hard plastic innertube handle manufactured by the defendant, Sevylor, Inc. Miller said, "Shortly after this happened, I knew I'd been injured in so many ways." Miller sustained approximately $70,000 in medical expenses, and he filed a product liability action against Sevylor and the resort (which settled with Miller before trial). He alleged, and the jury found, that Sevylor used a defective handle design with square corners, and that this defective design resulted in Miller's injuries. Miller was "quite thrilled" with the result and was "so pleased with Charlie's energy, enthusiasm, and skill." According to Rice, "The system worked here the way it should."

Damages sought from teacher, P-H-M
South Bend Tribune, March 27, 2005 (Marti Goodland Heline)

In February 2005, former Penn-Harris-Madison teacher Timothy Wyllie pleaded guilty to charges that he engaged in sexual conduct with a 10-year-old female student from his fourth grade class. The student's attorney, Charlie Rice, has initiated a civil lawsuit against P-H-M and Wyllie, alleging that "P-H-M employees or agents were aware of, permitted and facilitated" numerous one-on-one, closed door "tutoring sessions" between Mr. Wyllie and the student. Mr. Rice has served more than 100 tort claim notices on P-H-M, one for each time Mr. Wyllie touched or photographed the student. "This suit is about justice and making sure there is accountability for everyone in how this happened and making sure it never happens again."

Supreme Court Upholds Pre-Birth Consent to Adoption
Indiana Supreme Court, December 9, 2003

Charlie Rice won a landmark decision in the Indiana Supreme Court on behalf of a child's adoptive parents. The child's biological parents and grandparents filed a motion seeking to revoke the parents' consents to adoption. The trial court determined that the consents, which were executed prior to birth and were not notarized, were invalid. The Court of Appeals affirmed. The Supreme Court, in reversing the trial court and the court of appeals, held that failure to execute pre-birth consents to adoption in the presence of any entities as specified in adoption statute, did not render consents void.

Klan, council clash over anti-hate measure
South Bend Tribune, July 9, 2003 (James Wensits)

The St. Joseph County Council unanimously passed a "hate activities" ordinance designed to prohibit acts, such as cross burning, that are motivated by an intent to "intimidate or threaten another because of his or her actual or perceived race, religion, disability, or nationality." The grand dragon of the Ku Klux Klan, Richard Loy, threatened that he would stop anyone interfering with cross burning on his property "by any means necessary." "Attorney Mark Boveri, who presented the ordinance to the council, said the measure would give the county 'another tool to address divisive or hateful conduct.'"

Jury awards local woman $400,000
South Bend Tribune, June 21, 2003 (Terrence Bland)

After a three-day trial, a St. Joseph County jury rendered a $400,000 verdict in favor of Cecelia Oleksak and against Monarch Textile Rental Services, Inc. Monarch failed to install a 40 to 50 pound towel dispenser properly by failing to secure it to wall studs in the ladies' restroom. Ms. Oleksak suffered "crushed nasal bones, a crushed nerve and separation of nasal cartilage" when the dispenser fell on the bridge of her nose. According to Ms. Oleksak's attorney, Charlie Rice, Ms. Oleksak's injuries "are just going to be a chronic source of problems."

Paxil use blamed for fatal shooting
South Bend Tribune, April 13, 2003 (Matthew S. Galbraith)

In August of 2000, Vernal Ash shot and killed Craig Jenks in LaPorte, Indiana. Mr. Jenks's widow sued Mr. Ash's widow for damages. She learned that Mr. Ash had been taking Paxil, an anti-depressant medication produced by GlaxoSmithKline (GSK). Mrs. Ash filed a third-party complaint against GSK, claiming that GSK may be liable for Mr. Jenks's death. Patrick D. Murphy, attorney for GSK, successfully separated the third-party claim and removed it to federal court in South Bend.

Judge to decide whether KKK violated law
South Bend Tribune, January 10, 2003 (Carol Draeger)

The St. Joseph County Building Commissioner brought a claim for contempt of court against the Ku Klux Klan's grand dragon, Richard Loy, and its imperial wizard, Richard's father, Railton Loy. "Attorney Mark Boveri argued that when KKK organizers charged attendees $10 at the festival's Ash Road entrance and set up a 'tent city' in which 'vendors' sold everything from white supremacist-themed books to wood carvings and pro-Nazi pins, the transactions were sales." Such sales were prohibited by a court order because the festival took place on property zoned for residential use.

Indiana Supreme Court Ends Recycling Fee Suit
South Bend Tribune, October 26, 2002 (Terrence Bland)

Several residents of St. Joseph County challenged the County's mandatory curbside recycling fee. The St. Joseph Superior Court and Indiana Court of Appeals upheld the Solid Waste Management District's right to impose the fee. The Indiana Supreme Court ended the litigation by declining to hear the case. Opponents of the fee characterized it as "akin to 'taxation without equal representation, at least.'" According to the district's attorney, Mark Boveri, the outcome of the case directly affected the vitality of the district. A contrary verdict "would have been the end of the district because it wouldn't have had any funding."

Loys to defend selves in contempt case
South Bend Tribune, October 11, 2002 (Marti Goodlad Heline)

In violation of a court order, Ku Klux Klan grand dragon Richard Loy and his father, Railton Loy, held a White Pride Fest in August at which they allowed admission to be charged and food, beverages, and merchandise to be sold on their residential property. The county's attorneys, Mark Boveri and Charles Rice, brought a contempt proceeding to obtain a fine sufficient to compensate the county for the cost of enforcing the court order. The court allowed the Loys a continuance to prepare their defense.

Judge restricts Klan fest
South Bend Tribune, June 26, 2002 (Jack Colwell)

Judge Terry Crone of the St. Joseph Circuit Court issued a preliminary injunction sought by the St. Joseph County Building Commissioner prohibiting the Ku Klux Klan from engaging in commercial activities at a White Pride Fest scheduled to take place in August on residential property. Klan leaders claimed that they would seek donations rather than charge admission and would not sell food or beverages. "Attorney Mark D. Boveri, representing the building commissioner, said the Klan leaders were resorting to a 'donation scheme' in which you must make a donation for admission, in effect an admission fee."

P-H-M to Loy: No way
South Bend Tribune, September 1, 2001 (Carol Draeger)

The Penn-Harris-Madison school district hired Boveri Murphy Rice & LaDue to respond to the request of Richard Loy, a leader of the Ku Klux Klan in Indiana, that his children only sit next to Caucasian children. "The school corporation wishes to correct a misperception in the community that it endeavored to placate Mr. Richard Loy by relocating a minority student on the bus," said Attorney Mark Boveri. That was done to "protect the safety of that child and ensure the comfort of the child again any confrontation that might have transpired," said Boveri. Boveri said that he would soon inform Loy, in writing, that the school corporation would not honor Loy's requests for segregated seating, whether "in a school bus, in the classroom or in a cafeteria."

Local Klan leaders agree to end suits
South Bend Tribune, August 31, 2001 (Marti Goodland Heline)

St. Joseph County and the KKK have agreed to settle two lawsuits. St. Joseph County Building Commissioner Donald Fozo took the KKK to court in July based on continuing complaints from neighbors about the use of the KKK's property as a meeting place and shooting range. Earlier in July, the KKK filed suit against the County in federal court, alleging violations of its constitutional rights. The parties agreed dismiss both lawsuits and to enter a permanent injunction in the St. Joseph Circuit Court, which would prohibit the KKK or anyone involved with the KKK from discharging firearms on the property. The KKK represented as part of the settlement that its property was not being used as a club or lodge. "We're pleased there is a settlement," said the County's attorney, Mark Boveri.

Appeals court upholds award in 1997 restaurant fire
South Bend Tribune, August 3, 2001 (Marti Goodlad Heline)

Attorneys Pat Murphy, Charlie Rice, and Mark Boveri successfully handled an appeal for Macri's Milano Inn and its owner, Anthony Macri, in which the Indiana Court of Appeals unanimously upheld a jury verdict in their favor of over $1,700,000. The lawsuit was originally filed in 1998 after Indiana Insurance denied Macri's insurance claim for damages sustained in a fire that had destroyed the restaurant. Macri filed suit claiming that Indiana Insurance had acted in bad faith in denying the claim. In April 2000, a jury from St. Joseph County awarded Macri over $1,700,000 in compensatory and punitive damages. On appeal, Indiana Insurance challenged a dozen different rulings by the trial court; however, in August 2001, the Indiana Court of Appeals rejected each argument and unanimously affirmed. In January 2002, the Indiana Supreme Court denied transfer, thereby allowing the decision of the Indiana Court of Appeals to stand.