Timothy A. Alspach
Biography
Timothy A. Alspach is a partner of Bullaro & Carton, P.C. He focuses his practice on the defense of general tort litigation cases in the state and federal courts of both Illinois and Indiana. He has successfully defended clients in cases involving premises liability, auto and trucking accidents, attorney malpractice, real estate agent/broker negligence, construction and jobsite injury, appraiser negligence, home inspection negligence, products liability, employment discrimination and general negligence matters.
Mr. Alspach received a B.A. in law and society in 2002 from Purdue University. He received his J.D. magna cum laude with honors from The John Marshall Law School in 2005, where he was elected to the Society of John Marshall and received the Award in Legislation.
Education/Bar Admissions
Mr. Alspach was admitted to the Illinois bar in 2005 and the Indiana bar in 2006, and also has been admitted to the following federal trial and appellate courts:
- U.S. District Court, Northern District of Illinois
- U.S. District Court, Northern District of Indiana
- U.S. District Court, Southern District of Indiana
Mr. Alspach is a member of the following professional organizations:
- Illinois State Bar Association
- Indiana State Bar Association
Representative Matters
Crenshaw et al. v. City of East Chicago, Indiana, Citizen's Financial Bank, et al.
U.S. District Court, Northern District of Indiana Obtained summary judgment on behalf of the bank in a lawsuit brought by a customer who was arrested and allegedly battered by the bank's security guard who was an off-duty police officer. The customer claimed that the security guard used excessive force when he allegedly kicked out her knee to force the handcuffed customer into a chair. The bank successfully argued that, despite his employment at the bank, the off-duty police officer was acting solely within his official capacity at the time of his interaction with the customer and, consequently, the bank was not vicariously liable for his conduct.
Torres v. Windy City Antique Brick Company
Circuit Court of Cook County, Illinois; Appelate Court of Illinois, First District Obtained summary judgment on behalf of the brick salvage contractor in a demolition jobsite accident wherein a demolition contractor's employee sustained fatal injuries after being struck by heavy machinery. On summary judgment, the defense successfully argued that it did not owe the demolition contractor's employee any duty to provide a safe jobsite, that it did not possess or control the jobsite or the decedent's work. Summary judgment was successfully defended and affirmed on appeal and petition for leave to appeal to the Illinois Supreme Court was denied.
Samuelson v. LaPorte Community School Corp.
U.S. District Court, Northern District of Indiana Obtained summary judgment on behalf of the school district and its board members in a lawsuit brought by the school district's former girls basketball coach. The coach alleged that the school district's chain of command policy was a prior restraint on the exercise of his First Ammendment rights and that his coaching contract was not renewed in retaliation against him for exercising his free speech rights. The school district successfully argued that its chain of command policy was not a prior restraint, that its interest in administrative efficiency outweighed the coach's interest in speaking directly to board members, and that it had a non-discriminatory, non-pretextual basis upon which to decline renewal of the coach's contract.
Lyles v. Bucaro
Circuit Court of Cook County, Illinois Obtained judgment on the pleadings on behalf of an attorney in a legal malpractice case filed by a former client arising out of a residential real estate transaction and the alleged failure to advise client regarding the absence of a mortgage contingency clause in the purchase agreement. The defense successfully argued that the case was filed beyond the applicable statute of repose.
Doe v. C.L.
St. Joseph County Superior Court, Indiana Obtained summary judgment on behalf of a licensed clinical social worker in a lawsuit filed by a former patient alleging abuse. The defense successfully argued that the case was filed beyond the applicable medical malpractice statute of limitations period was constitutional as applied in this case.
Gates. CTMT
Orange County Circuit Court, Indiana Obtained summary judgment on behalf of a commercial reaal estate agent/broker in a lawsuit filed by a non-client purchaser alleging fraudulent misrepresentation and failure to disclose material facts regarding the premises. The agent successfully argued that the broker did not make any false representations to the purchaser, that it did not have any duty to make any additional disclosures to the purchaser, that it did not owe the purchaser any duties under the Real Estate Licensing Act or any professional codes, that it did not engage in conspiracy to defraud, and that the purchaser did not rely upon any information provided by the broker.
Moore v. GVNC, Inc.
Circuit Court of Cook County, Illinois Obtained summary judgment on behalf of landowner in a lawsuit alleging dram shop liability and negligence arising out of plaintiff's injuries which resulted from a bar fight on the premises. The landowner successfully argued that the landowner did not have possession or control over the premises and that it did not owe the plaintiff any to provide hime a safe premises or to protect him from a criminal attack.
Ortiz v. HomePro Home Inspection
St. Joseph County Superior Court, Indiana Obtained summary judgment on behalf of home inspection company in a lawsuit alleging negligence in the performance of a residential home inspection. The defense successfully argued that the plaintiff's negligence claims were precluded by the economic damages doctrine and that the claim was barred under the applicable contract provisions regarding waiver and limitation of liability.
Borders v. City of Elkhart
Elkhart County Circuit Court, Indiana; Indiana Court of Appeals; Indiana Supreme Court Obtained summary judgment for the city and its police department in a lawsuit filed by a prisoner alleging false arrest and false imprisonment. The defense successfully argued that the plaintiff failed to comply with the provisions of the Indiana Tort Claims Act and that the complaint was likewise barred by the statute of limitations. Summary judgment was successfully defended and affirmed on appeal, and plaintiff's petition to transfer to the Indiana Supreme Court was denied.
Bauer v. Property Central
Boone County Superior Court, Indiana Obtained summary judgment on behalf of a seller's real estate agent in a lawsuit filed by real estate purchasers allegin fraud and violation of the Real Estate Disclosures Act. The defense successfully argued that the real estate disclosures did not constitute statements by the real estate agent and that the purchasers did not rely upon the disclosures by virtue of the fact that they obtained an independent home inspection of the premises.
