KENT FRANDSEN has practiced with the firm since 1977, concentrating in civil litigation, electric utility, zoning and land use, and education law. Following graduation from law school in 1975, Mr. Frandsen served as a law clerk to The Honorable James E. Noland, Judge of the United States District Court for the Southern District of Indiana.
Mr. Frandsen has tried nearly 100 civil jury trials in state and federal courts, representing both plaintiffs and defendants. He has represented parties on appeal in over fifty cases in state and federal appellate courts. On four occasions he has presented oral argument before the Indiana Supreme Court, and in each of those cases he persuaded the Supreme Court to reverse published decisions of the Court of Appeals.
He has also served as the panel chair in over 300 medical malpractice proceedings administered by the Indiana Department of Insurance. Mr. Frandsen is a certified civil mediator and has conducted nearly 400 civil mediations. He has also served as an arbitrator for the American Arbitration Association in both construction and tort disputes.
He has served as general counsel for the Lebanon and Western Boone school districts for over 40 years, the Indiana CPA Society for over twenty years, and the Boone REMC for nearly 45 years. In his work in land development, he represented a client in annexation, zoning and tax abatement work in the successful development of the Lebanon Business Park, a 1000-ac mixed use park. He is currently representing the Indiana Economic Development Corporation with the development of the LEAP Innovation District, a proposed 9,000-acre research and high-tech park in Boone County.
Education
- Indiana University School of Law - Indianapolis - J.D. - 1975
summa cum laude
- Indiana University - B.S. - 1972
magna cum laude
Appearances/Publications
Mr. Frandsen has made numerous presentations on topics of education, electric utility, insurance and tort law to attorneys and other professionals through the Indiana Continuing Legal Education Forum, National Business Institute, Indiana Trial Lawyers Association, Indiana School Boards Association, National Rural Electric Cooperatives Association, and Indiana Arborists Association.
Reported Appellate Decisions of Interest
- Clark County REMC v. Reis, 178 N.E.3d 315 (Ind. 2021) [in an issue of first impression, reversing trial court and Court of Appeals decisions in favor of former REMC board members in a lawsuit over terminated fringe benefits] (Click here to watch Indiana Supreme Court oral argument)
- Benefiel v. Wright Hardware, 128 N.E.3d 458 (Ind. App. 2019) [reversing a defense verdict in a wrongful death suit based on the improper admission of expert testimony]
- Boyland v. Castle Farms, Inc., 71 N.E.3d 81 (Ind. App. 2017) [upholding a trial court's judgment in a boundary line dispute that resulted in a neighboring owner's acquisition of title through adverse possession]
- SCI Propane v. Frederick, 15 N.E.3d 1015 (Ind. 2015) [in a case of first impression, reversing trial court and Court of Appeals judgments awarding millions in attorney’s fees in a wrongful death action] (Click here to watch Indiana Supreme Court oral argument)
- Pope v. Central Indiana Power, 937 N.E.2d 1242 (Ind. App. 2010) [affirming a directed verdict for an electric utility in an injury suit arising from a power outage]
- Deiss v. Greenhouse Dev., 926 N.E.2d 63 (Ind. App. 2010) [affirming a board of zoning appeals’ construction of the term “drive-through” facilities in a local zoning ordinance]
- Porter Dev. v. First Nat’l Bank, Valparaiso, 866 N.E.2d 775 (Ind. 2007) [reversing trial court and Court of Appeals decisions regarding the recoverability of attorney fees in an interpleader action] (Click here to watch Indiana Supreme Court oral argument)
- Babyback’s Int’l v. Coca-Cola Enterprises, 841 N.E.2d 557 (Ind. 2006) [reversing trial court and Court of Appeals decisions recognizing part performance and promissory estoppel as exceptions to Indiana’s statute of frauds] (Click here to watch Indiana Supreme Court oral argument)
- Biomet v. Barnes & Thornburg, 791 N.E.2d 760 (Ind. App. 2003) [in a case of first impression, reversing decisions of the trial court and Court of Appeals to adopt a “continuous representation” exception in tolling the statute of limitations in legal malpractice actions]
- Jay County REMC v. Wabash Valley Power Assn., 692 N.E.2d 905 (Ind. App. 1998) [affirming the issuance of an injunction prohibiting an electric distribution cooperative from withdrawing its membership in a generation and transmission cooperative]
- Lueder v. NIPSCO, 633 N.E.2d 1340 (Ind. App. 1997) [reversing a defense verdict based on incorrect jury instructions in a negligence suit involving injuries from a power line contact]
- Bradley v. Eagle-Union Schools, 647 N.E.2d 672 (Ind. App. 1995) [rejecting a landowner challenge to a school district’s right to engage in pre-eminent domain testing of land]
- Lantis v. Astec Industries, 648 F.2d 1118 (7th Cir. 1981) [reversing a defense verdict in a products liability case based on incorrect jury instructions]
Professional and Community Associations
Long active in community affairs, Mr. Frandsen is a founding director of The Community Foundation of Boone County and has served as president of Ulen Country Club, Crooked Stick Golf Club, the Boone County Economic Development Corporation, Greater Lebanon Community Vision Committee, and Boone County Chamber of Commerce.
He is a member of the American Association for Justice. He has served on the ethics and land use committees of the Indiana State Bar Association and the board of the Indiana Trial Lawyers Association. He is now a member of the Defense Research Institute and the National Council of School Board Attorneys. Between 1999 and 2002, he was one of two public board members of the Indiana CPA Society. He currently serves on the Executive Committee of the Indiana Council of School Attorneys.
Since 2009, Mr. Frandsen has hosted a weekly radio show, WHAT’S UP, BOONE COUNTY (91.1 FM) in which he has conducted over 700 interviews of persons affecting the quality of life in the community. Among his guests have been then-Butler Men’s Basketball Coach Brad Stevens (a Boone County native), Mitch Daniels, once as Governor of Indiana and once as President of Purdue University, and former Vice President Dan Quayle.
Honors/Awards
Upon graduation from Indiana University, Mr. Frandsen was awarded the Branch McCracken Memorial Scholarship for post-graduate studies.
Mr. Frandsen has been named an Indiana SuperLawyer every year since 2005.
In 2002, Mr. Frandsen was presented with the Chairman’s Award for outstanding service to the Indiana CPA Society. That same year he and his wife Charlotte received the Philanthropists of the Year award from The Community Foundation of Boone County. In 2007, he received the Isaac Grainger award for volunteer service to the United States Golf Association.
An avid golfer, Mr. Frandsen was captain of the Indiana University golf team in college. He has been the Indiana State Amateur champion three times and in 1990 was inducted into the Indiana Golf Hall of Fame.