Case Background
The case arose from a collision that occurred on or about September 3, 2021, in Randolph County, Indiana. According to the complaint, Joshua Kolas negligently drove a 2020 Kenworth tractor and attached trailer, causing a collision with the vehicle driven by Plaintiff Jason Price. Price filed his original complaint on January 28, 2022, naming Joshua Kolas and Cedar Creek, LLC as Defendants. =
In their first answer, filed April 1, 2022, in Randolph Circuit Court, the Defendants identified themselves as Joshua Kolas and BlueLinx Corporation and stated that BlueLinx had been improperly named as Cedar Creek, LLC. The jury verdict, entered on May 13, 2025, likewise named Joshua Kolas and BlueLinx Corporation as the Defendants.
Injury
Price alleged that the collision caused him physical and mental pain and suffering, and that his injuries and damages were permanent. He further alleged that he had lost the ability to perform his usual activities, resulting in a diminished quality of life.
Damages Sought
The complaint sought compensation for medical expenses, lost wages, and property damage, including but not limited to diminished value, along with other special expenses. The complaint did not specify a dollar amount and instead requested damages in a reasonable amount to be determined at trial, along with Court costs and other just and proper relief.
Key Arguments and Proceedings
Legal Representation
Plaintiff: Jason Price
· Counsel for Plaintiff: Nathan D. Foushee
· Experts for Plaintiff: Terry Mandel
Defendants: Joshua Kolas and BlueLinx Corporation
· Counsel for Defendants: Rafael P. McLaughlin
· Experts for Defendants: Matthew R. Sutter | Richard W. Sibley
Key Arguments or Remarks by Counsel
Claims
Price brought three causes of action. In the first, he alleged that Kolas breached his duty to operate the tractor-trailer in a safe and reasonable manner, and that this failure directly and proximately caused the collision and his resulting injuries. In the second, he alleged that Kolas violated state and federal statutes and regulations, including provisions under Title 9 of the Indiana Code, amounting to negligence per se. In the third, brought against the corporate Defendant under the original complaint, Price alleged that Kolas had acted as an employee, agent, servant, or independent contractor of the company at the time of the collision, making the company vicariously liable for his conduct under the doctrine of respondeat superior.
Defense
The Defendants denied that Kolas had acted negligently or in violation of any statute, and denied that his conduct had caused Price's alleged injuries and damages. They acknowledged that Kolas owed a duty of care but denied the remaining allegations tied to that duty, and they acknowledged that Kolas was an employee of BlueLinx Corporation at all times relevant to the case.
The Defendants raised numerous affirmative defenses. They argued that Price had failed to state a claim upon which relief could be granted and had failed to join all necessary and indispensable parties. They asserted the defense of misnomer, contending that BlueLinx Corporation had been improperly named as Cedar Creek, LLC in the original complaint. They argued that the claims were barred by the applicable statute of limitations and that Price's own fault or comparative negligence barred his claims. They further contended that Price's damages had been proximately caused by the fault or negligence of third persons over whom the Defendants had no control, and separately, that the damages had been proximately caused by the fault or negligence of other parties or non-parties still to be identified. They also argued that an intervening or superseding cause had broken the chain of causation, and that Price had failed to mitigate his damages.
The Defendants additionally argued that the claims were barred by the doctrines of waiver, estoppel, or laches, and that the Court lacked both personal jurisdiction over the Defendants and jurisdiction over the subject matter of the case. They asserted that venue was improper and that they might be entitled to a setoff. Finally, they argued that the action failed for insufficiency of process and was barred for failure of service of process.
Jury Verdict
The jury reached its verdict in favor of Jason Price on May 13, 2025, in Randolph Circuit Court, awarding him damages in the amount of $18,000 against Joshua Kolas and BlueLinx Corporation. The verdict document bore a filing stamp dated May 13, 2025, and a scan timestamp dated May 14, 2025.
Court documents are available upon request at [email protected]
