What is the INDOT class action?
Beginning in 2014, the State of Indiana Department of Transportation began a “chip and seal" project on Indiana State Road 67 throughout parts of Morgan County. During the course of and immediately after the project, many vehicles were damaged.
On July 22, 2016, Eric Rogers filed suit against the State of Indiana on behalf of himself and all other persons similarly situated, claiming that the State of Indiana’s chip and seal project resulted in damage to his vehicle. Rogers’ vehicle was damaged in September of 2014, and he timely complied with Indiana’s tort claim notice statute by submitting a tort claim to the Office of the Indiana Attorney General.
On February 9, 2017, Morgan Superior Court No. 1 held a hearing regarding whether the class should be certified. On February 20, 2017, the Court issued an order allowing the lawsuit to be a Class action on behalf of the people to whom this notice is directed.
Who is included in the class action?
The members of the class are defined as follows: “All persons having suffered vehicular property damage occurring between July 22, 2014, and November 5, 2014, on Indiana State Road 67 within Morgan County, Indiana, resulting from the State of Indiana Department of Transportation ‘chip and seal’ project who timely filed tort claim notices.”
If you qualify as a member of the class, please review the Notice of Class Action (below) regarding your rights and options in this lawsuit. The Court has NOT decided whether the State of Indiana is liable or whether the State of Indiana owes any payments to Mr. Rogers or other members of the class.
What is the current status of the case?
Current Status: Dillon Legal Group, P.C. has entered settlement negotiations with the State of Indiana
Resources and documentsNotice of Class Action
Complaint & Initial Pleadings
State’s Answer & Motion in Opposition to Class Certification
Order Granting Plaintiff’s Motion for Class Certification
Exclusion Request Letter
Review of Notice of Class Action Suit Contact and Exclusion Letters Received
Review of Notices Produced by the State of Indiana
May 20, 2019Jury Trial Scheduled
November 21, 2017Mediation held between the parties, which resulted in an impasse after the parties were unable to reach a settlement agreement.
October 27, 2017Second Attorneys' Pretrial Status Conference with Court
October 5, 2017Deadline for Mediation to Occur
June 19, 2017Attorneys' Pretrial Status Conference with Court
May 16, 2017Attorneys with Dillon Legal Group file "Plaintiff's Factual Report Notifying The Court of Class Member Notification and Exclusions"
May 15, 2017Deadline for Class Members to request exclusion from class.
March 13, 2017Dillon Legal Group mails notices to member of class.
February 20, 2017Court grants plaintiffs' motion for class certification.
February 17, 2017The Notice of Class Action Suit is approved.
February 9, 2017A hearing is held regarding class certification, and the court grants plaintiffs' request for class certification with modifications.
January 20, 2017Attorneys at Dillon Legal Group submit Plaintiff's Factual Submission in Support of Motion for Class Certification and Summarized Factual Report: Review of Tort Notices Provided by the State of Indiana (available in "Resources for Class Members")
September 15, 2016The State of Indiana files its answer to plaintiffs' complaint and its motion in opposition to class certification.
July 22, 2016Attorneys of Dillon Legal Group file a lawsuit against the Indiana Department of Transportation for damages inflicted upon motorists’ vehicles during the State Road 67 chip and seal job.
November 5, 2014Time period limitation for class certification ends.
November 2014Hundreds of claims have now been filed, and the overwhelming majority have been denied by the Indiana Department of Transportation.
August 2014The Indiana Department of Transportation attempts to repair a damaged section of State Road 67 near Martinsville. Motorists soon begin reporting damage from flying rocks.
July 22, 2014Time period limitation for class certification begins. The Court determined that members of the class shall include "all persons having suffering vehicular property damage occurring between July 22, 2014, and November 5, 2014, on Indiana State Road 67 within Morgan County, Indiana, resulting from the State of Indiana Department of Transportation “chip and seal” project who timely filed tort claim notices.”
Contact information199 N. Main Street
Franklin, IN 46131
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Friday 9:00 AM - 12:00 PM.
Note: This link is for the payment of invoices only. If you need to make a payment toward your trust account or a retainer, please contact the office.