negligence
Specificity requirement does not extend to limitations of liability, 7th Circuit rules
June 3, 2013
Marilyn OdendahlThe 7th Circuit Court of Appeals has ruled that a contract clause limiting liability stands because the two commercial entities
that entered into the agreement were sophisticated and knowingly negotiated the terms.
MoreCOA reverses summary judgment for NCAA on negligence claim
May 22, 2013
Jennifer NelsonA woman who was injured at a fencing event at the University of Notre Dame should have been granted more time to present relevant
materials in opposition to the National Collegiate Athletic Association’s motion for summary judgment on her negligence
claim, the Indiana Court of Appeals ruled Wednesday.
MoreCOA: 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.
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Interesting that the new laws in criminal code all involve voter fraud
I'm getting divorced and we have prenuptial and judge said it stands even though he made me sign it 2 days before wedding then I be c ame ill and left with nothing butbills
No irony here, John. Conour’s clients are wise to him. Evidently you’ve missed discovery that disclosed Conour was aware he was caught with his hand in the cookie jar, actually many cookie jars, but continued to spend any monies he secured on himself and his lifestyle. Your theory is idealistic and assumes Conour has the soul of a good attorney and therefore he would take care of his clients. Conour has no soul. He greedily took awarded settlements from his disabled clients and spent it on his own edacious desires. You are naïve to think if he kept working he would put his fees into a restitution fund. He is who he is and has proven he will use any means to cheat and manipulate those who trust him and the judicial system that is supposed to protect them. Sorry John, you don’t send the fox back into the hen house after he’s caught devouring the hens. Conour can’t be trusted. He has no more honor than that fox.
The court of appeals not only tries to rewrite or interpret the law to suit their fancy, now they choose play stupid as well. Every consideration must be given to pro se litigants, who are not held to the same standards as attorneys, as stated by,SCOTUS. I assume they didn't have a lawyer, since one wasn't mentioned and I strongly suggest thatb the rest of the, origional petitioners get back in there and fight for their rights.
the irony of situations like this is that the clients whom conour cheated are the ones who should be pulling hardest for him to remain free and keep his law license, so they have some hopes of him paying back. really bury the guy deep and then there will be little hope of restitution