`September 5, 2024
`Mr. Jared Wyttenbach
`10690 West Shagbark Court
`Quincy, IN 47456
`Re: Date of Loss: March 26, 2021
`Cause No.: 03D01-2303-CT-001490
`Dear Mr. Wyttenbach:
`As you are aware, Dawn Wyttenbach has a personal injury case pending in Bartholomew
`Superior Court No. 1 from a car crash listed on the above date. As a matter of practice, when we
`filed the Complaint for Damages we included your name for a loss of consortium, care, and
`services.
`A loss of consortium claim is a claim derivative of the injured spouse's personal injury
`claim. Evans v. Buffington Harbor River Boats, LLC, 799 N.E.2d 1103, 1112 (Ind. Ct. App.
`2003), trans. denied. The claim is derivative because it derives its viability from the validity of
`the claim of the injured spouse against the wrongdoer. Indiana Patient's Comp. Fund v. Winkle,
`863 N.E.2d 1, 6 (Ind. Ct. App. 2007).
`Based on the pending dissolution action, our firm can no longer represent your interests
`and we will be withdrawing our appearance on your behalf. Since we are withdrawing our
`appearance, we cannot give you legal advice as to the viability of a consortium claim under these
`circumstances, but strongly suggest you immediately seek independent legal advice.
`There currently is no trial date set for this matter so our withdrawal will not in any way
`cause harm to any claim you might have, if viable. However, there is a mediation scheduled for
`December 4, 2024, at 9:00 a.m. at the offices of Johnson, Gray & Johnson in Franklin, Indiana.
`Please acknowledge receipt of this letter.
`Kindest regards,
`s/George Hoffman, III
`George (Jay) Hoffman, III
`GJH: jrc
`Enclosure: Motion for Leave to Withdraw Appearance
`cc: David Ratowitz & Jarrett Ksenak
`George “Jay” Hoffman & Brian T. Newcomb
`________________________________________________________
`250 E. Jefferson Street, Franklin, Indiana 46131
`P: 317-736-1982 F: 317-736-6979
`www.hanlawfirm.com
` EXHIBIT "A"
`Filed: 2/17/2025 12:30 PM
`Bartholomew Superior Court 1
`Bartholomew County, Indiana
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