Case Background
Brian Mischka and Wendy Mischka filed a personal injury action in Porter Superior Court. The case arose from an incident on January 19, 2023. Brian went to the Steel Warehouse of Burns Harbor, LLC facility as a truck driver. He was there to pick up a load of steel.
The Amended Complaint named four Defendants. They were William McNorton, Steel Warehouse of Burns Harbor, LLC, Steel Warehouse Company, LLC, and Steel Warehouse International, Inc. The Plaintiffs alleged that McNorton was an employee of Steel Warehouse of Burns Harbor, LLC. They also alleged he acted within the scope of his employment. The Defendants admitted those allegations in their answer.
The Plaintiffs alleged that Steel Warehouse controlled the facility, equipment, maintenance, and loading procedures. They specifically challenged the process used to load Brian's tractor trailer. The case ultimately proceeded to a jury trial against Steel Warehouse of Burns Harbor, LLC.
Cause
The Plaintiffs alleged that Steel Warehouse used a crane or plate grabber to load steel. They claimed the equipment had previously loaded steel without chains. They further alleged that maintenance issues led workers to use chains and binders with the crane.
According to the amended complaint, William McNorton used a breaker bar to release a chain binder. The Plaintiffs alleged that the chain and binder remained under tension from the steel load.
They also alleged that McNorton attempted to load the trailer in a single lift. The complaint claimed he should have separated the load into multiple lifts. It further alleged that he failed to maintain control of the breaker bar.
The Plaintiffs claimed McNorton failed to ensure that the area remained clear of invitees. They alleged that the breaker bar flew from his hands and struck Brian's foot.
The Defendants denied those allegations. Their Answer specifically denied the allegations concerning McNorton's use of the breaker bar and the resulting injury.
Injury
The Amended Complaint alleged that Brian suffered physical injuries and emotional distress. It also alleged permanent and severe personal injuries. They alleged physical pain, mental suffering, and loss of enjoyment of life. The complaint further alleged permanent impairment, lost wages, and impaired earning capacity.
Damages
Brian Mischka sought compensatory damages for the injuries alleged in the Amended Complaint. He claimed physical injuries, emotional distress, and other permanent and severe injuries. He also sought damages for medical expenses, physical pain, and mental suffering. He further claimed loss of enjoyment of life, permanent impairment, lost wages, and impaired earning capacity.
Wendy Mischka sought compensatory damages for loss of consortium. She alleged that Brian’s injuries deprived her of part of his love, affection, companionship, services, and consortium. Both Plaintiffs requested compensatory damages in amounts to be determined by the Court. They also sought prejudgment interest, costs, attorneys' fees, and other relief.
Key Arguments and Proceedings
Legal Representation
Plaintiff(s): Brian Mischka | Wendy Mischka
Counsel for Plaintiff(s): Brian N. Custy | Andrew G. Brown | Megan A. Beardsley | Michael D. Carter
Defendant(s): Steel Warehouse of Burns Harbor, LLC
Counsel for Defendant(s): George C. Lepeniotis | Hillary N. Buchler | Bryan H. Babb | Thomas J Costakis | Anne M. Fishbeck
Key Arguments or Remarks by Counsel
Claims
The amended complaint asserted negligence and negligence per se against McNorton. It alleged that he breached his duty of reasonable care during the loading operation.
The Plaintiffs also asserted respondeat superior against Steel Warehouse. They alleged that McNorton acted within the scope of his employment.
The third count alleged independent negligence by Steel Warehouse. The allegations covered management, supervision, equipment, warnings, and training. The complaint also alleged failures in maintenance and safety procedures. It challenged the company's procedures for chain use and multiple lifts. The complaint further alleged violations of OSHA, ANSI, and BOCA standards.
Wendy asserted a separate loss of consortium claim. She brought the claim against McNorton and the Steel Warehouse Defendants.
Defense
The Defendants denied the negligence allegations. They also disputed the existence, nature, and extent of the claimed injuries and damages.
The Defendants asserted comparative fault as an affirmative defense. They alleged that Brian contributed to the incident. They argued his recovery should be barred if his fault exceeded 50%.
The Defendants also asserted that Brian may have failed to mitigate his damages. They sought consideration of discounted medical expenses and potential collateral-source payments.
The defense denied the Plaintiffs' allegations concerning unsafe equipment, inadequate training, deficient supervision, and safety-code violations.
Motion for Judgment on the Evidence
During the trial, Defendant William McNorton filed a motion for judgment on the evidence. Steel Warehouse of Burns Harbor, LLC stipulated that McNorton acted within his scope of employment. The Defendant further stipulated that his fault, if any, was also the company's fault.
The Court considered the evidence and arguments of counsel. It granted the motion on July 10, 2026. The Court dismissed all claims against McNorton as an individual Defendant with prejudice.
The Court directed the jury to apportion any McNorton fault to Steel Warehouse of Burns Harbor, LLC. The case then proceeded to verdict solely against that Defendant.
Jury Verdict
The jury returned a verdict for Brian and against Steel Warehouse of Burns Harbor, LLC, on July 10, 2026. It assigned Brian 0% fault and Steel Warehouse 100% fault. The jury awarded Brian $18,500,000 in damages.
The jury separately determined that Wendy Mischka was entitled to $800,000 on her consortium claim. The verdict form allocated 100% fault to the Defendant.
Court Documents:
Documents are available for purchase upon request at [email protected]
