Brandon Yosha: College Football Star to Trial Lawyer
Brandon Yosha was on the Indiana Bar for only five weeks before receiving his first large payout as a lawyer. No one would expect such legal success to come from someone who pursued a football career, then sports marketing and management. How did a promising football star become one of America’s best lawyers?
The College Years
Brandon played football throughout his high school career, graduating with a few bumps and bruises that he received from the sport along the way, such as tearing both of his ACLs and the meniscus in his right knee. Even after sustaining these injuries, Brandon continued his football career at the University of Miami while pursuing a degree in sports marketing and management.
Brandon eventually switched to Lehigh University, where he played starting tailback his sophomore year of college. During a game against Yale, he tore his lateral meniscus. Though he continued to play through the end of the season, Brandon could not achieve the same level of skill he brandished during previous games as a result of the injury. He ended his sophomore season recording 60 carries stretching over 318 yards and four touchdowns.
After making the decision to step back from football to recover from his injuries, Brandon ended up moving back to his hometown of Indianapolis. After graduating with a sports marketing and management major, he attended Indiana University pursuing a degree in law.
In his second year of law school, Brandon was named Order of the Barristers, a prestigious position given to those who exhibit strong communication skills during an annual moot court competition. McKinney, the host for the event and prominent name at the University, chose Brandon to represent the school in a national competition hosted by the Indiana State Bar Association (ISBA).
In July of 2019, Brandon was awarded his Juris Doctorate. After graduating from Indiana University, he became a junior partner under his father’s practice at Yosha, Cook, and Tisch.
Beginning His Lawyer Career
Brandon joined the Indiana Bar on September 21, 2020. Since then, he has worked to gain a strong reputation as a reliable lawyer. National Trial Lawyers listed Brandon in their top 40 under 40 and the top 100 overall. He also has a 10.0 Justia lawyer rating.
Following in his father’s practice, Brandon covers cases that focus on personal injury and complex and civil litigation. He specializes in roadside accidents, wrongful death suits, product and premises liability, and many more areas of interest.
His focus on protecting those who cannot defend themselves would eventually lead Brandon to his most significant win since his game against Yale back in 2014.
Brandon’s $20 Million Win
It is not every day where someone can come home from work and proudly say they won a $20 million case, especially for graduates fresh from University. However, Brandon was able to manage this with the help of his fellow legal counsel.
The case began back on March 6, 2014, where Wayne Simmons was working as a contractor for Sterling Boiler Mechanical Incorporated. As part of his work, Wayne worked at a power plant in Petersburg for Indianapolis Power & Light (IPL). It was here where Wayne would suffer a near-fatal electric shock that would take him out of commission. Since the incident, he has been unable to work and is currently under medical care and pain management for his condition.
His wife, Amy Simmons, was supportive through his recovery process. While serving as a high-ranking Sergeant in the National Guard, Amy drove her husband, Wayne, to 302 different doctor appointments. He has been diagnosed with a myriad of issues, including chronic pain and permanent tinnitus. Experts concluded that the 46-year-old would continue to suffer from his injuries for the next 40 years.
One may ask at this point how IPL responded to their employee being so incapacitated on the job site that he will likely never work again. The company offered the Simmonses a total of $50,000 following the incident, claiming they would not go above seven figures for the settlement.
Frustrated at their situation, Wayne and Amy Simmons turned to Yosha, Cook, and Tisch - Personal Injury Lawyers for legal counsel. Several members from the firm advised Brandon for his first big case, including his father, Louis “Buddy” Yosha.
The work was split among three lawyers: Brandon Yosha, Bryan Tisch, and Rich Cook. Brandon took on the opening statement and the direct examination of Amy Simmons with some advice from fellow esquire Jakob Norman. Brandon was also responsible for the final argument on damages and the closing argument.
Bryan Tisch was responsible for the opening statement on liability and the direct examinations of Wayne Simmons and their expert witness. Rich Cook was in charge of the Voir dire, cross-examination of IPL’s witnesses, and the final argument on liability.
To better formulate his argument, Brandon flew out to personally meet Wayne and Amy Simmons to understand the case better. If anyone could understand what it was like to be taken from a position you worked so hard for because of an injury, that would be Brandon Yosha, and he was determined to bring adequate justice to the Simmons family.
Brandon only had a mere five weeks of experience working on the Indiana Bar, but with the help of his fellow esquires, he was fully prepared for the case at hand. The night before the trial, IPL offered a final settlement of $500,000 to keep things quiet and avoid the courtroom. The plaintiff’s counsel refused the new offer, leaving it on the table and going to court.
The case started in October of 2020, but the courtroom was very different from the traditional model. To account for COVID-19 restrictions, the courtroom was rearranged. The jury box was used as the witness stand, and the jury sat in the spectator area to allow for adequate social distancing.
Wayne’s injuries were so severe that he could not sit for prolonged periods of time to the point that he had to stand for a majority of the time he was testifying to the court six years after the initial injury. This worked in the plaintiff’s favor, as it allowed the jurors to get a better view of the victim and his injuries from a farther distance. Mandatory mask-wearing made it so the legal counsel couldn’t read the jury’s reaction, but there was hope for a victory for the Simmonses.
As part of his closing argument, Brandon turned to the advice given to him by Nick Rowley and used an analogy that was sure to swing the jury in his favor.
Imagine if IPL approached Wayne Simmons on March 5, the day before his injury, with a briefcase containing $30 million. By taking the briefcase, Wayne would agree to give up his quality of life, ease of mobility, and painless existence for the rest of his life. With this offer, Wayne would refuse the suitcase and keep his health. Why would this change after the injury?
After final statements, the jury returned in November 2020 with their verdict: the Simmonses were awarded $20 million with a net award of $12.2 million. Brandon was able to get Wayne and Amy Simmons the justice they deserved and a large payout to start his legal career.
Brandon does have large shoes to fill. His father, Louis “Buddy” Yosha, is famous for being the only Indiana lawyer to be listed in every edition of “Best Lawyers in America” since 1983. However, this first glance into Brandon’s future career is a promising sign of future greatness from the younger Yosha and former Lehigh student-athlete.