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Appeals court rules wrong state law applied in truck crash, but result is same

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A trial court erroneously applied Georgia law in a lawsuit brought by a truck driver injured in a collision in West Virginia, but correctly applied Indiana law yielded the same result, the Indiana Court of Appeals ruled Thursday.

The panel unanimously held that an Allen Superior judge erred when he applied Georgia law because the trucking company that employed the plaintiff was based there. In Derek Asklar and Pauline Asklar v. David Gilb, Paul Garrett Smith d/b/a P.H. One Trucking, Empire Fire and Marine Ins. Co., d/b/a Zurich; Travelers Ideminity Co. of America, 02A03-1204-CT-170, the panel agreed Indiana law applied because Derek Asklar was driving a truck registered and principally garaged here.

Asklar was driving a truck registered to Werner Trucking and was stopped at the bottom of an interstate exit ramp when his rig was struck by a driver for One Trucking. Asklar and several others were injured; Asklar has been unable to return to work as a result, the ruling said.

Asklar attempted to recover under Werner’s underinsured/uninsured motorist coverage with Empire, but the company had elected to maintain coverage of $75,000 rather than the required $5 million.  

Indiana law requires the amount of uninsured/underinsured coverage must be “at least equal to the limits of liability specified in the bodily injury liability provisions of an insured’s policy, unless such coverages have been rejected in writing by the insured.” The court ruled that Werner clearly had done so.

“We therefore find that the trial court did not err in granting summary judgment to Empire and finding that its (uninsured/underinsured) coverage limit was $75,000,” Judge Nancy Vaidik wrote for the court.     
 

 

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  1. OK, now do something about this preverted anacronism

  2. William Hartley prosecutor of Wabash county constantly violates people rights. Withholds statement's, is bias towards certain people. His actions have ruined lives and families. In this county you question him or go out of town for a lawyer,he finds a way to make things worse for you. Unfair,biased and crooked.

  3. why is the State trying to play GOD? Automatic sealing of a record is immoral. People should have the right to decide how to handle a record. the state is playing GOD. I have searched for decades, then you want me to pay someone a huge price to contact my son. THIS is extortion and gestapo control. OPEN THE RECORDS NOW. OPEN THE RECORDS NOW. OPEN THE RECORDS NOW.

  4. I haven't made some of the best choices in the last two years I have been to marion county jail 1 and two on three different occasions each time of release dates I've spent 48 to 72 hours after date of release losing a job being denied my freedom after ordered please help

  5. Out here in Kansas, where I now work as a government attorney, we are nearing the end of a process that could have relevance in this matter: "Senate Bill 45 would allow any adult otherwise able to possess a handgun under state and federal laws to carry that gun concealed as a matter of course without a permit. This move, commonly called constitutional carry, would elevate the state to the same club that Vermont, Arizona, Alaska and Wyoming have joined in the past generation." More reading here: http://www.guns.com/2015/03/18/kansas-house-panel-goes-all-in-on-constitutional-carry-measure/ Time to man up, Hoosiers. (And I do not mean that in a sexist way.)

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