Case Background
Thomas and Maria LaRosa, residents of Dearborn County, Indiana, sued Lawrenceburg Municipal Utilities and the City of Lawrenceburg after a fire destroyed their apartment complex on January 8, 2019. The LaRosas owned the apartment property located at 212, 214, 216, and 218 Short Street in Lawrenceburg, Indiana. The Defendants, Lawrenceburg Municipal Utilities and the City of Lawrenceburg, owned and maintained the electric lines next to and over those properties. The case went to trial before a jury in the Seventh Judicial Circuit Court in Dearborn County, and a verdict was reached on November 19, 2025 — more than five years after the complaint was filed in October 2020.
Cause
On January 8, 2019, after 2:00 p.m., a storm moved through Lawrenceburg and blew the sagging utility lines in front of the apartment complex on the street utility poles. The LaRosas claimed those sagging electric utility lines were blown against the apartment complex, which caused a fire that spread throughout all the apartments. They said the Defendants had already received notice of the dangerous condition of the lines but chose not to act.
Injury
The fire damaged the entire apartment complex at 212, 214, 216, and 218 Short Street. The LaRosas said the building was destroyed and they lost rental income as a result.
Damages Sought
The LaRosas sought compensation for the destruction of their building, lost rental income, attorney fees, and Court costs. The exact dollar amounts were not specified in the complaint, and the documents provided do not reflect a specific damages figure.
Key Arguments and Proceedings
Legal Representation
Plaintiff(s): Thomas LaRosa and Maria LaRosa
· Counsel for Plaintiff(s): Stan B. Hirsch
Defendant(s): Lawrenceburg Municipal Utilities | City of Lawrenceburg
· Counsel for Defendant(s): Caren L. Pollack | Lana R Swingler
Key Arguments or Remarks by Counsel
The documents provided do not include trial transcripts or recorded remarks by counsel. The arguments of each side are reflected in the pleadings — the complaint filed by the LaRosas and the answer and affirmative defenses filed by the Defendants.
Claims
Negligent Maintenance of Electrical Lines
The LaRosas argued that the Defendants completely failed to maintain and repair the sagging electrical lines in front of their property. They said the utility lines remained in a dangerous and unsafe condition and that the Defendants took no steps to fix or even address the problem after receiving notice of the danger.
Gross Negligence and Willful Misconduct
Beyond ordinary negligence, the LaRosas alleged that the Defendants' failure to properly maintain the electrical lines rose to the level of gross negligence and willful and wanton misconduct — meaning they argued the Defendants were not simply careless, but that their inaction was reckless and inexcusable.
Notice and Failure to Respond
On July 2, 2019, the LaRosas sent written notice by certified mail to both Lawrenceburg Municipal Utilities and the City of Lawrenceburg about their claim. The Defendants did not respond. A copy of that notice was attached as Exhibit A to the complaint.
Defense
The Defendants denied most of the core allegations. They admitted only that Lawrenceburg Municipal Utilities is owned and controlled by the City of Lawrenceburg — a fact listed in paragraph 2 of the complaint. They denied that they were negligent, that they were the proximate cause of the fire, and that the LaRosas suffered damages because of anything the Defendants did or failed to do.
The Defendants also raised several affirmative defenses. They argued that the LaRosas were themselves at fault and that any contributory fault on the Plaintiffs' part should either bar the claim entirely or reduce any damages proportionately. They further argued that the LaRosas assumed the risk of any injury and damage.
The Defendants also raised governmental immunity, citing Indiana Code Section 34-13-3-3, including subsections (7), (8), (10), (11), and (12), which protect government entities from certain types of liability. They argued that even if any damages existed, the LaRosas failed to mitigate those damages.
Additionally, they argued that the LaRosas failed to comply with Indiana Code Section 34-13-3-8, which sets procedural requirements for claims against government entities. The Defendants also raised the possibility that the fire and resulting damage were caused by an Act of God — a legal term referring to natural events beyond human control — rather than any failure on their part.
Jury Verdict
The jury found in favor of the Defendants, Lawrenceburg Municipal Utilities and the City of Lawrenceburg, and against the Plaintiffs, Thomas and Maria LaRosa. The verdict was dated November 19, 2025, and signed by jury foreperson Thomas A. Steuver. It was filed with the Clerk of Dearborn's Seventh Judicial Circuit Court on the same date. The LaRosas received no damages.
Court Documents
