dtemple@drewrysimmons.com

Practice Areas
Products Liability
Construction Law
Environmental Law
Insurance Coverage Litigation
Corporate Litigation
Professional Liability

Education
Indiana University, B.S. Marketing, 1991
Indiana University School of Law-Indianapolis, J.D., 1994

Bar Admissions
Indiana Supreme and Appellate Courts, 1994
United States District Courts for the Northern and Southern Districts of Indiana, 1994
United States Court of Appeals for the Seventh Circuit, 1999

Presentations & Publications
Co-Author, “The Catalyst Theory: What is it and Does it Apply?” The Indiana Lawyer, Jan. 22, 2008
Author, “Attorneys Struggle to Maintain A Healthy Balanced Life,” The Indiana Lawyer, Aug. 9-22, 2006
Co-Author, “Masonic Temple: A Very ‘Un-American’ Approach to Consequential Damages,” The Indiana Lawyer, May 23, 2006
Author & Lecturer, “The Construction Law Perspective on Mold: An Advanced Discussion”, Lorman Education Services, 2003
Author & Lecturer, “The Mold Challenge in Indiana”, NBI Seminar, 2003-2004
Author & Lecturer, “Hot Topics in Business and Employment Litigation”, PESI, 2003-2004

Memberships
Indianapolis Bar Association
Indiana State Bar Association
American Bar Association
Defense Research Institute
Defense Trial Counsel of Indiana
- Board of Directors, 2006-present
- Construction Law Section, Current Member and Past Chairman
and Liaison
- Products Liability Section, Member and Past Vice Chairman
-Worker’s Compensation Section, Current Liaison
- Co-Chair of 2001 Annual Meeting
United States Green Building Council – Indiana Chapter
American Council of Engineering Companies

Honors and Recognitions
AV Peer Review Rated, Martindale-Hubbell

Representative Cases
Plaintiff v. County Board of Commissioners et al., (Vermillion County, Indiana), representing engineering firm in personal injury and property damage case after plaintiff drove off bridge being reconstructed.

Homeowners Association v. Developer, et al., (Marion County, Indiana), represented engineering firm and individual engineers in multi-million dollar property damage case alleging inter alia, defective design of storm water drainage system for subdivision and improper removal of real estate from floodplain; successfully argued summary judgment motion based upon lack of duty and economic loss doctrine. Appeal pending.

Public Library v. Architect, et al., (Shelby County, Indiana) (consolidated with action in Boone County, Indiana), represented architectural firm in multi-million dollar property damage and delay damages case relating to the renovation of and addition to library. Case settled at mediation well before trial.

Employee v. Employer et al. (Marion County, IN): represented employee of drycleaners exposed to perc after significant spill occurred in the drycleaners; successfully argued summary judgment motion based upon employer committing intentional tort. Case settled prior to trial.

Plaintiff v. Petroleum Company and Environmental Consultant (N.D. Ind., Ft. Wayne): represented environmental consultant hired to design and construct remediation system at gasoline station where contamination existed; plaintiffs allegedly exposed to gasoline fumes in their home. Case settled after deposing plaintiff’s treating physician and submitting defendants’ expert reports.

Landowner and Insurer v. Former Cleaners et al. (Marion County, IN): represented former employee and then owner and operator of former dry-cleaning business; Environmental legal action and indemnity claim for $1.5 million brought for contamination on site. Case settled at mediation with Defendant’s motion for summary judgment pending.

Jeffrey Cork d/b/a American Imports Motors Co. v. Phillips Petroleum Co. (S.D. Ind., Indianapolis, IN) (represented current owner of former gasoline station who filed suit against petroleum company that supplied petroleum to branded gasoline station. Case settled well before trial.

Hukill Oil Co. v. GasAmerica (Marion County, IN): represented lube oil company whose property was contaminated by former owner and company that delivered bulk oil. Case settled well before trial.

City of Jeffersonville v. Glenn Lewis et al. (S.D. Ind., New Albany, IN): represented former owners of real estate that had been operated as a gasoline station prior to their ownership of the property; adjacent property also contaminated and formerly owned by a different petroleum company. Case settled well before trial, but after condemnation action between city and current owner finally resolved.

Valinet v. Amoco Oil Co. et al. (Marion County, IN): represented former owners of gasoline station who operated a car wash against contribution claims by current owner. Case settled well before trial with contribution by several defendants that included funding for cleaning up the property.

Ivey v. Erie Insurance Co. et al. (S.D. Ind., Indianapolis, IN): represented insurer of former owners of drycleaners sued by another former owner of the drycleaners for contribution for contamination (perc) on the real estate. Case settled with contribution of multiple insurers.

American Electronic Components Inc. v. American Employers Ins. Co. et al. (Marion County, IN): local counsel for insurer sued for coverage in contamination case. Case settled with contribution from numerous insurers.

North Trust II L.P. v. Travelers Property Casualty Ins. Co. et al. (Marion County, IN): local counsel for insurer sued for coverage in perc contamination case relating to former drycleaners. Case settled with contribution from numerous insurers.

Fargo Insulation v. U.S. Fire Insurance et al. (S.D. Ind., Indianapolis, IN): local counsel for insurer sued for coverage of asbestos liabilities of insulating contractor. Case settled well before trial.

St. Paul Surplus Lines et al. v. Cinergy Corporation et al. (Hendricks County, IN): local counsel for insurer in declaratory judgment action relating to underlying air pollution claims brought by federal and state government and environmental organizations. Case pending.

United States Filter Corporation et al. v. Continental Casualty Co. et al. (Marion County, IN): local counsel for insurer sued for coverage of silica bodily injury claims against alleged successor of former manufacturer. Case pending before Indiana Supreme Court on corporate succession issues and enforcement of consent to transfer provision.

Rust International, Inc. et al. v. Affiliated FM Ins. Co. et al. (Marion County, IN): local counsel for insurer sued for coverage of asbestos bodily injury claims against alleged successor of former insulating contractor. Case settled via mediation.

Busler Enterprises, Inc. v. The Indiana Ins. Co. et al. (Marion County, IN): local counsel for insurer sued for coverage of contamination of property formerly operated as gasoline service station. Obtained voluntary dismissal early in proceeding.

IVC Industrial Coatings, Inc. v. Ace Ins. Co. et al. (Marion County, IN): local counsel for insurer sued for coverage of environmental contamination. Case settled at mediation.

Department of Public Utils. of the City of Indianapolis, IN d/b/a Citizens Gas & Coke Utils. v. Aetna Casualty & Surety Co. et al. (Marion County, IN): local counsel for insurer sued for coverage of claims for environmental contamination of former manufactured gas plants and coke plants. Case pending.

Atlas Office Supplies & Equipment Co., Inc. v. American States Inc. Co. et al. (Marion County, IN): local counsel for insurer sued for coverage against claims for environmental contamination of former manufacturing facility. Case settled at mediation with Defendant’s motion for summary judgment pending.

Hartford Insurance Co. v. Guide Corporation et al. (S.D. Ind., Indianapolis, IN): local counsel for insurer sued for coverage against claims relating to Guide Fish Kill. Obtained voluntary dismissal due to high excess limits.

Johnson Oil Corp. v. Ranger Ins. Co. et al. (S.D. Ind., Indianapolis, IN): local counsel for insurer sued for coverage against claims relating to contamination of former gasoline service stations in several states. Case settled with contributions from several insurers.

Reported Decisions
Jurich v. Garlock, Inc. (Jurich I), 759 N.E.2d 1066 (Ind. Ct. App. 2001), vacated, Jurich v. Garlock, Inc. (Jurich II), 785 N.E.2d 1093 (Ind. 2003) (successfully argued application of product liability statute of repose against asbestos bodily injury claims).

Jurich v. John Crane Inc. (Jurich III), 824 N.E.2d 777 (Ind. Ct. App. 2005) transfer den. (successfully argued application of product liability statute of repose against bodily injury claims; statute of repose held to be constitutionally applied).

Richter v. Asbestos Insulation & Roofing, 790 N.E.2d 1000 (Ind. App. 2003) (successfully argued that personal representative’s claims for wrongful death due to lung cancer allegedly caused by asbestos exposure were barred by res judicata and collateral estoppel).