ATTORNEYS
Christopher R. Whitten
Indianapolis, Indiana
Admitted only in: Indiana
Mr. Whitten has been involved extensively in trial litigation primarily in cases involving truck accidents, cargo claims, and commercial disputes for nearly 25 years. He is routinely called upon by motor carriers and their insurers to investigate catastrophic truck accidents shortly after they occur. Mr. Whitten also handles insurance coverage questions, product liability, and general insurance defense litigation. Mr. Whitten has successfully defended jury trials including those involving wrongful death and traumatic brain injury claims. He has represented clients in binding arbitration proceedings, and regularly helps clients achieve favorable settlements of their disputes. Mr. Whitten has spoken on truck accident litigation and other related topics before numerous industry groups and private motor carriers. He has also provided continuing legal education to attorneys in Indiana regarding truck accident litigation. Mr. Whitten is admitted to practice before all state and federal courts within Indiana, and the United States Court of Appeals for the Sixth and Seventh Circuits. He is a member of the Defense Research Institute, Trucking Industry Defense Association, Transportation Lawyers Association, Claims and Litigation Management Alliance, and Transportation & Logistics Council. Mr. Whitten has been selected as a 2022 Super Lawyer. Each year, only 5% of Indiana lawyers are selected to belong to this prestigious list. Mr. Whitten graduated from the University of California, San Diego (B.A.) and Valparaiso University (J.D., magna cum laude).
Jason J. Hoy
Indianapolis, Indiana
Admitted only in: Indiana
Mr. Hoy has concentrated his law practice in defense litigation over the last 25 years. His primary area of practice is defending commercial trucking companies from personal injury and workers compensation claims. However, Mr. Hoy has handled general liability, construction, employment, and general business matters. He has successfully tried cases to juries and argued in hearings before the Indiana Workers Compensation Board. He has written articles and spoken at seminars on managing litigation matters. He has presented to trade groups and spoken on trucking litigation matters before the Indiana Motor Truck Association. In 2009 and 2011, he was selected as a “Rising Star” amongst Indiana lawyers by the Indiana Super Lawyers magazine. Mr. Hoy graduated from Indiana University – Bloomington (B.A.) and Indiana University – Indianapolis (J.D.). He has served as an officer and member of a non-profit organization that provides hope and support for cancer patients and their families.
James L. Culp
Indianapolis, Indiana
Admitted only in: Indiana
Mr. Culp’s practice has been focused on defense litigation for more than a decade. He has successfully represented clients in the areas of personal injury, trucking, premises liability and product liability. Mr. Culp also assists clients in the areas of estate planning and probate practice. For multiple years, including 2021, Mr. Culp received the distinction of “Rising Star” amongst Indiana lawyers by the Indiana Super Lawyers magazine. He is admitted to all Indiana state and federal courts and is a member of the Indianapolis bar association and the Indiana state bar association. Mr. Culp graduated from Indiana State University (B.S., Finance) and Valparaiso University School of Law (J.D.).
Michael T. Terwilliger, Of Counsel
Northwest Indiana, Valparaiso
Admitted only in: Indiana & Illinois
Mr. Terwilliger is licensed in Indiana, Illinois and Kentucky, including the federal courts of these states as well as the United States Court of Appeals for the Seventh Circuit. Mr. Terwilliger defends businesses and individuals in commercial, auto, premises liability, and professional liability cases and has extensive jury trial experience, including the trial of catastrophic injury cases involving traumatic brain injury and wrongful death. He also handles first party coverage cases, including UM/UIM and bad faith claims. His appellate practice has yielded, among others, the following published opinions: Hoker Trucking, LLC v. Robbins, 43 N.E.3d 677 (Ind.Ct.App. 2015); Walker v. Emplrs. Ins. of Wausau, 846 N.E.2d 1098 (Ind.Ct.App. 2006); Madden v. INDOT, 832 N.E.2d 1122 (Ind.Ct.App. 2005); Mesman v. Crane Pro Services, 409 F.3d 846 (7th Cir. 2005); Monroe Guaranty Ins. Co. v. Berrier, 827 N.E.2d 158 (Ind.Ct.App. 2005); Messer v. Cerestar USA, Inc., 803 N.E.2d 1240 (Ind.Ct.App. 2004); Cload ex rel. Cload v. Copley Memorial Hospital, 767 N.E.2d 486 (2d Dist. 2002), appeal denied 786 N.E.2d 181 (Ill. 2002); and Palmer & Sons Paving, Inc. v. NIPSCO, 758 N.E.2d 550 (Ind.Ct.App. 2001). He has been a presenter at Continuing Legal Education seminars focusing on injury cases including UM/UIM claims. He is OSHA 30 Certified. Mr. Terwilliger graduated from the University of Illinois (B.Arch., with Distinction) and the Valparaiso University School of Law (J.D., with Honors) where he served as Symposium Editor of the Valparaiso University Law Review.
William T. Donnell
Louisville, Kentucky
Admitted only in: Kentucky & Tennessee
William T. Donnell has 30 years of experience representing clients throughout Kentucky. Mr. Donnell routinely defends insurers in extra contractual and bad faith claims. Mr. Donnell has experience representing pipeline companies regarding releases and damage to petroleum pipelines. Mr. Donnell represents companies who have been the victim of data security breaches and guides them through the compliance process. Mr. Donnell is regularly called upon by trucking companies, insurers, and third-party administrators to investigate catastrophic accidents and defend lawsuits. Mr. Donnell has tried numerous transportation cases to verdict and has extensive experience defending transportation companies. Mr. Donnell often defends extra contractual “bad faith” claims involving automobile or transportation policies and insurers. Mr. Donnell has been a presenter at continuing legal education seminars on trucking accidents, automobile liability and insurance matters. Mr. Donnell is a member of the Trucking Industry Defense Association, the Transportation Lawyers Association, and the Defense Research Institute. Mr. Donnell is admitted to practice before all state and federal courts in the Commonwealth of Kentucky and the United States Court of Appeals for the Sixth Circuit. Mr. Donnell graduated from the University of Tennessee (B.A. in Economics with High Honors) in 1990 and from the University of Kentucky, College of Law (J.D., with Distinction) in 1993.
Emily M. Gettum
Indianapolis, Indiana
Admitted only in: Indiana, North Carolina & South Carolina
Ms. Gettum is originally from North Carolina. She is licensed to practice law in Indiana State Courts, United States District Court for the Southern District of Indiana, Seventh Circuit Court of Appeals, North Carolina State Courts, United States District Court for the Middle District of North Carolina and South Carolina State Courts. Her primary area of practice is transportation defense litigation. However, Ms. Gettum has handled a wide array of general litigation matters, including real estate, contracts, personal injury, medical malpractice, employment, business and other tort litigation over the years. She is a member of the Indianapolis Bar Association and Johnson County Bar Association. Ms. Gettum was recently selected as a 2019 “Rising Star” amongst Indiana lawyers by the Indiana Super Lawyers Magazine. She is an alumni of Leadership Johnson County and serves on multiple committees for the organization. Ms. Gettum received her Juris Doctor, Cum Laude, from Roger Williams University in 2009 and her bachelor’s degree in Journalism and Mass Communication from the University of North Carolina at Chapel Hill in 2002.
Richard V. Evans
Louisville, Kentucky
Admitted only in: Kentucky
Mr. Evans has a broad range of trial, arbitration, and appellate experience gained while in private practice, while in-house counsel for a Fortune 5 company, and while serving as an Assistant Attorney General for the Commonwealth of Kentucky. He has successfully litigated complex commercial, transportation, products liability, and personal injury cases before trial and appellate courts throughout the country. His trial experience includes trial before the U.S. District Court for the Western District of Kentucky in which he obtained a $5.5 million dollar compensatory-damages and $22.5 million dollar punitive-damages award for his client, a major insurance company with operations in Kentucky. Examples of his appellate practice include Nat’l. Coll. Of Ky., Inc. v. Wave Holdings, LLC, 536 S.W.3d 218 (Ky. Ct. App. 2017), Aesthetics in Jewelry, Inc. v. Estate of Brown, 339 S.W.3d 489 (Ky. Ct. App. 2011), and General Electric Co. v. Latin American Imports, S.A., 126 Fed. Appx. 209 (6th Cir. 2005). Mr. Evans is admitted to practice before all state and federal courts in the Commonwealth of Kentucky and the United States Court of Appeals for the Sixth Circuit. He graduated from the University of Miami (B.B.A.), received a master’s degree from Southern Seminary (M.Div.), and graduated from the University of Virginia School of Law (J.D.).
Matthew K. Phillips
Indianapolis, Indiana
Admitted only in: Indiana
Mr. Phillips' primary area of practice is transportation defense litigation. However, in addition to transportation defense, Mr. Phillips has over thirteen years of experience handling a variety of litigation matters, including first party insurance claims, insurance coverage, bad faith, professional liability, civil rights, family law, and appeals. He is an active member of the Indianapolis Bar Association, and he has been a speaker for several professional groups concerning insurance law and litigation. Mr. Phillips is licensed to practice in all Indiana state and federal courts. He received his Juris Doctor from the Indiana University Robert H. McKinney School of Law in 2009, and he received his Bachelor of Arts, summa cum laude, in Mathematics from the University of Evansville in 2006.
Chad M. Sizemore
Cincinnati, Ohio
Admitted only in: Ohio, Kentucky, Tennessee & District of Columbia
Chad Sizemore has focused his practice on the transportation industry for over 17 years. Chad litigates cases involving disputes over personal injury, wrongful death, property damage and business interruption, cargo loss and damage (including household goods), insurance coverage, and violations of employment contracts. Chad is also proactive with his clients to help them avoid going to court in the first place by identifying areas of risk in their businesses. Chad is accessible to his clients 24-hours a day for emergency response across multiple jurisdictions. He has coordinated over 200 emergency responses to accidents across Ohio, Illinois, Indiana, Kentucky, Tennessee, West Virginia, Pennsylvania, and Michigan. Chad prides himself on being the central contact for his clients from the moment the emergency response call is placed until the case is concluded, whether that be with a settlement, dispositive motion, jury verdict, or an appeal. Chad's prior experience working in the insurance industry gives him a unique insight into his clients' needs. Chad also belongs to several transportation industry organizations that allow him to share his experiences and gain from experiences of his colleagues across the country.
Melissa L. Korfhage
Cincinnati, Ohio
Admitted only in: Ohio, and Kentucky
As a civil defense attorney for over 20 years, Ms. Korfhage has extensive experience bringing cases to a successful resolution for her clients. While her practice has been focused primarily on defending product liability, medical malpractice, and personal injury claims, she also has experience handling contract disputes and general commercial matters. Ms. Korfhage was selected as a “Rising Star” among female lawyers in the Cincinnati area in 2009 and given the distinguished Glass Ceiling Award by the Ohio Diversity Council in 2015. In addition to practicing law, Ms. Korfhage is a Professor of Legal Studies at the University of Cincinnati. She also serves on the Board of Directors for Autism Connections, a non-profit organization that provides resources, support, and activities to individuals all along the spectrum. Ms. Korfhage received her Bachelor’s degree from Bellarmine University and her Juris Doctor from the Louis D. Brandeis School of Law at the University of Louisville. She is licensed to practice law in both Kentucky and Ohio. In addition, she is admitted to practice before the United States District Court for the Eastern District of Kentucky, the Northern District of Ohio, the Southern District of Ohio, and the United States Court of Appeals for the Third, Sixth, and D.C. Circuits.
Nicholas E. Whitten
Indianapolis,Indiana
Admitted only in: Indiana and Kentucky
Nick Whitten’s primary area of practice is transportation defense litigation. However, he has also handled cases in many other areas of civil litigation, including premises liability, property damage, and defamation actions. Mr. Whitten has also defended local and state governmental entities in civil actions involving wide ranging legal issues from highway construction-zone accidents to personal injury at state parks. Mr. Whitten is admitted to practice law in all state courts in Indiana and Kentucky and all federal courts in Indiana. He is also an active member of the Defense Trial Counsel of Indiana. Mr. Whitten graduated from West Liberty University, Gary E. West College of Business, with a degree in Business Administration and University of Dayton School of Law (J.D.).
David W. Zahniser
Cincinnati, Ohio
Admitted only in: Kentucky and Ohio
Dave Zahniser has litigated on behalf of the trucking industry, including trucking industry insurers, for over 25 years. He is a trial attorney with demonstrated success in transportation, insurance defense, insurance coverage, and bad faith litigation. He devotes a significant portion of his practice to truck accident litigation and other transportation issues, including cargo claims and insurance coverage issues. Dave has tried cases throughout the Commonwealth of Kentucky, having started his practice in Lexington, Kentucky, in 1996, and expanding into Southwest Ohio, after relocating to Northern Kentucky in 2002. Dave is active nationally in the trucking defense industry as a member of TIDA, DRI, and TLA. He has spoken and presented to other lawyers on transportation issues on numerous occasions. Dave is a graduate of Greenville (IL) University and the University of Kentucky College of Law.