negligence
COA: More proceedings are needed on parents’ ITCA compliance
May 8, 2013
Jennifer NelsonFinding a genuine issue of material fact as to whether Richmond parents’ complied with the Indiana Tort Claims Act notice
provision when filing a lawsuit after their severely disabled daughter died at school, the Indiana Court of Appeals ordered
that issue to go before a jury.
MoreElectric cooperative owed no duty to injured contractor
April 10, 2013
Jennifer NelsonAn independent contractor injured at a generating station owned by Bloomington-based Hoosier Energy Rural Electric Cooperative
was unable to prove to the Indiana Court of Appeals that the electric cooperative was negligent regarding his injury.
MoreMalpractice ruling for hospital remanded to trial court
April 9, 2013
Dave StaffordThe apparent agency of Ball Memorial Health Clinic as it pertains to the alleged malpractice of an affiliated doctor and nurse
practitioner is a fact question the Indiana Court of Appeals sent back to the trial court, which had granted the hospital
summary judgment on the issue.
MoreCOA affirms dismissal for lack of personal jurisdiction
April 4, 2013
Jennifer NelsonThe Indiana Court of Appeals found that a Texas corporation that made a component of a dust collector that injured a Fort
Wayne man did nothing more than place the screw conveyor in the stream of commerce, which supports dismissing the Texas business
from a lawsuit filed here.
More7th Circuit rules against homeowners on quiet title action
March 29, 2013
Jennifer NelsonA Hamilton County couple who went into default on their home mortgage loan had the dismissal of their action to quiet title
and claims of negligence and unconscionability upheld Friday by the 7th Circuit Court of Appeals.
MoreJustices vacate transfer to negligent design case
March 20, 2013
IL StaffThe Indiana Supreme Court issued an order Monday vacating its grant of transfer to a case filed by a man rendered a quadriplegic
after he fell out of a company truck’s utility bucket while working for Richmond Power.
MoreCOA orders continuation of insurer’s case against tenant
December 19, 2012
Jennifer NelsonBecause Indiana law does not currently preclude a landlord’s insurer from bringing a subrogation claim against a tenant
and a landlord’s complaint established a set of circumstances under which it would be entitled to relief, the Court
of Appeals reversed the grant of a tenant’s motion to dismiss. The landlord’s insurer filed a subrogation action
against the tenant after a fire started on her patio.
MoreSuit to be filed over meningitis outbreak
October 19, 2012
Dave StaffordAttorneys for a Columbus woman who has developed symptoms of fungal meningitis after being treated with steroid injections
are suing the drugmaker at the center of a widening outbreak blamed on tainted shots.
MoreMalpractice complaint hinges on claim of apparent agency
September 19, 2012
Jennifer NelsonThe Indiana Court of Appeals concluded Wednesday that a Bartholomew Superior judge did not err in denying partial summary
judgment on the issue of whether two physicians working as independent contractors were the apparent agents of Columbus Regional
Hospital.
MoreTeen loses on appeal negligence suit filed for softball injury
August 31, 2012
Jennifer NelsonA Wabash County YMCA proved it was entitled to summary judgment on a negligence claim filed by a 17-year-old teen injured
while sliding into a base during a softball game on property owned by the YMCA, the Indiana Court of Appeals held.
MoreMining company an insured under contractor’s policy
August 30, 2012
Jennifer NelsonThe mining company that hired a truck company as a contractor is considered an insured under the truck company’s insurance
policy with regards to an injured trucking employee, the Indiana Court of Appeals ruled.
MoreCouple’s trial strategy worked against them
August 15, 2012
Jennifer NelsonA couple who consented to an entry of judgment on the evidence against them in a negligence claim in order to appeal the evidentiary
rulings lost their case in the Indiana Court of Appeals.
MoreNurses may be expert witnesses in some standard of care disputes
August 15, 2012
Jennifer NelsonThe Indiana Court of Appeals declined Wednesday to create a blanket rule that nurses cannot qualify as expert witnesses under
the Indiana Evidence Rule and testify as to whether a health care provider breached a standard of care or whether an alleged
breach caused an injury.
MoreCourt affirms judgment against home contractor
August 13, 2012
Dave StaffordA home repair contractor lost an appeal of an award against him, but he won’t have to pay the attorney fees of the party
that won the judgment, the Indiana Court of Appeals ruled.
MoreSupreme Court divided on whether man's claims against bank can proceed
July 31, 2012
Jennifer NelsonTwo Indiana justices believed that a man’s actual fraud and tortious interference with contract claims against Old National
Bank should go to trial, an opposite conclusion reached by their fellow justices.
MoreMother of man shot to death at Kroger files suit
July 19, 2012
Scott OlsonThe mother of an Indianapolis man fatally shot in December by a Kroger manager during what police determined was an attempted
robbery is suing the supermarket chain for wrongful death.
MoreHauke receiver files suit against his former accounting firm
July 9, 2012
Scott OlsonThe receiver representing investors in the Ponzi scheme run by convicted money manager Keenan Hauke has sued Hauke's former
accounting firm, charging that its negligence contributed to millions of dollars in investor losses.
MoreAppeals court affirms dismissal of suit against Nappanee in near-drowning
June 6, 2012
Dave StaffordThe city of Nappanee was not negligent and didn’t breach its duty of care when a 5-year-old boy required CPR after lifeguards
rescued the child as he floated face-down in a city pool, the Indiana Court of Appeals ruled Wednesday.
MorePool's owner did not breach any duty owed to boy
May 30, 2012
Jennifer NelsonThe Indiana Court of Appeals affirmed a jury verdict in favor of the owner of a pool in a lawsuit filed by the father of a
young boy who drowned in the pool. The appellate court found the trial court did not abuse its discretion in giving certain
jury instructions.
MoreCOA to hear 'right to farm' argument
April 20, 2012
Jennifer NelsonThe Indiana Court of Appeals will hear a case Monday involving a dispute between neighboring pork farms.
MoreTrial court erred in instructing jury in negligence case
April 11, 2012
Jennifer NelsonA divided Indiana Court of Appeals has ordered a new trial in a case alleging a product was negligently designed, with the
majority finding the trial court erred when it instructed the jury on the rebuttable presumption under Indiana Code 34-20-5-1.
MoreTrial rules require sufficient postage
April 4, 2012
Michael HoskinsThe Indiana Court of Appeals has a simple message for litigants: if you are filing anything by certified mail, make sure to
put enough postage on your paperwork. Otherwise, don’t expect to use that insufficient postage as an excuse to get around
trial rules and court deadlines.
MoreJudges affirm ruling in favor of Jeep dealer
March 1, 2012
Jennifer NelsonThe Indiana Court of Appeals has ruled in favor of a southwestern Indiana car dealer being sued by a customer for injuries
in a car accident under the Indiana Products Liability Act after Chrysler LLC filed for bankruptcy.
MoreJudges reverse award of attorney fees
January 24, 2012
Jennifer NelsonThe Indiana Court of Appeals reversed the award of attorney fees to a daughter who was sued by her mother following a fall,
finding there were no valid legal conclusions justifying the award.
MoreJustices: patient fund not entitled to set-off
January 20, 2012
Jennifer NelsonThe Indiana Supreme Court has affirmed a $1 million excess damages award from the Indiana Patient’s Compensation Fund
to the estate of a man who died following a truck accident, determining the fund is not entitled to a reduction of the award
to account for the 20 percent chance the man would have died even without the doctor’s negligence.
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Lawyer who emailed nude film clip to harm ex-intern suspended 3 years
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More than half of Conour’s inventoried assets gone, feds say
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Indianapolis law firm Stewart & Irwin closing
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Longest-practicing female attorney in Indiana has no plans to retire
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Criminal code and expungement bills signed by governor
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Lawyer who emailed nude film clip to harm ex-intern suspended 3 years
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Indianapolis law firm Stewart & Irwin closing
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More than half of Conour’s inventoried assets gone, feds say
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SCOTUS rules against Indiana farmer in seed patent case
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Social media sleuths find evidence, but admissibility requires authentication
Court Calendar
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May 22, 2013 Floyd Weddle v. State of Indiana - 5/22/13
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May 24, 2013 Indiana Patient's Compensation Fund v. Judy Holcomb, Personal Representative of the Estate of Mable Louise Cochran, deceased - 5/24/13
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May 28, 2013 The Estate of Richard A. Mayer and Spangler, Jennings & Dougherty, P.C., v. Lax, Inc., and David Lasco - 5/28/13
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June 12, 2013 Northern Assurance Company of America v. Thomson, Inc., et al. - 6/12/13
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vagueness cannot challenged, so let's write all laws vaguely and throw the constitution out the window.Even if the court is operating under a particular law, if they don't it they will change it to their liking. What a joke!!!
Two convictions becomes one conviction with exactly the same sentence, only it is not clear wheter or not that sentence will be 18 months, 120 months or 138 months. Actually if the guns were in a home, whether or not they were his, he is protected under the 2nd amendment. Jurors need to learn the law and the constitution before judging others. The cour5ts need to do this as well.
With all due respect, Rick, I think you probably would be making a mistake by going to law school. The job market for attorneys is so saturated, you may well find yourself unemployed and with a lot of debt. You mention law would be a good supplement to your skills. True. But employers unfortunately don't value that. You will find that a law degree may well pigeonhole you into an attorney slot and limit career options. If you have a good job now I would hold onto that. As an attorney, you may well end up making less with the aforementioned debt.
Jack, I was only responding to bill's comment of tying everybody in government together. I agree with you though, it takes one bad apple to ruin the bunch.. As in any profession. What's truly unfair is when somebody violates someone's trust and takes complete advantage of someone
John’s comment is unfair. The majority of attorneys can be trusted. Unfortunately, all it takes is one greedy, unscrupulous, immoral attorney to jade the public.