negligence
Justices: 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.
MoreCOA clarifies ruling in negligent hiring lawsuit
January 18, 2012
Jennifer NelsonThe Indiana Court of Appeals affirmed their decision to reverse the grant of an insurer’s motion for summary judgment
against the parent company of a hotel. On rehearing, the appellate court denied that the other defendants involved in the
lawsuit should benefit from the decision regarding Holiday Hospitality Franchising because the other parties didn’t
appeal the original ruling.
MoreAppeals court sides with estate of contractor killed on the job
December 19, 2011
Jenny MontgomeryThe Indiana Court of Appeals ruled an employer was liable for the safety of a subcontractor who fell from a ladder and sustained
a fatal injury.
MoreCourt upholds judgment for doctor, health care center
December 7, 2011
Jennifer NelsonA woman who challenged the grant of summary judgment on her negligence claims in favor of the doctor who performed her breast
reduction surgery and the heath care center where it was performed lost her appeal before the Indiana Court of Appeals.
MoreDefendants not negligent in father's suicide, murder of daughter
October 20, 2011
Jennifer NelsonA father’s decision to crash a plane his daughter was in – killing them both – superseded any negligence
that may be attributed to his flight instructor or other defendants in a wrongful death action, the Indiana Court of Appeals
held Thursday.
MoreConstructing contracts for safety
September 14, 2011
Michael HoskinsIndiana Supreme Court case examines construction manager's liability.
MoreDamage of personal property not unconstitutional taking
September 12, 2011
Jennifer NelsonThe Indiana Court of Appeals has ruled in favor of a sanitary district in a suit against it alleging an unconstitutional taking
of homeowners’ personal property after sewage backed up into their homes. The judges relied on a case from Nevada to
support their decision.
MoreClass-action lawsuit filed over stage collapse
August 31, 2011
Scott OlsonA class-action lawsuit filed by an Indianapolis law firm is the largest legal action to arise so far from the collapse of
a concert stage at the Indiana State Fair.
MoreClass-action lawsuit filed over State Fair stage collapse
August 23, 2011
Scott OlsonA class-action lawsuit filed by an Indianapolis law firm is the largest legal action to arise so far from the collapse of
a concert stage at the Indiana State Fair.
MoreCOA: Statute of repose doesn't bar woman's complaint
June 8, 2011
Jennifer NelsonIn a case of first impression, the Indiana Court of Appeals concluded that a woman’s negligence complaint isn’t
barred by a statute of repose.
MoreFirst impression issue on 'in loco parentis' doctrine
April 29, 2011
Jennifer NelsonUntil Friday, Indiana courts had never specifically addressed the application of the in loco parentis doctrine in the context
of a private club sport that isn’t affiliated with a school. The Indiana Court of Appeals addressed the issue in a lawsuit
against a private club volleyball coach and the volleyball club following the injury of a minor player while on private property.
MoreCOA rules botched burial does not entitle relatives to award
April 25, 2011
Jenny MontgomeryThe Indiana Court of Appeals has ruled that relatives of a woman whose burial went awry are not entitled to damages.
MoreJudges divided on calculation of damages after negligence
April 7, 2011
Jennifer NelsonThe Indiana Court of Appeals was split in deciding whether an estate received the correct amount of damages from the Indiana
Patients’ Compensation Fund. One judge believed the trial court used an incorrect approach for calculating damages because
the deceased man had at least a 50 percent chance of survival before the medical negligence.
MoreFormer auditor wins appeal on attorney fee issue
March 18, 2011
Michael HoskinsThe Indiana Supreme Court decided a case seven years ago but left for another day the answer to a question about governmental
attorney fees, and now that specific issue has found its way to an appeal before the state’s second-highest appellate
court.
MoreJudges affirm insurer has no duty to defend
March 14, 2011
Jennifer NelsonThe Indiana Court of Appeals agreed with the trial court that a homeowner’s insurance policy is clear that the ingestion
of methadone by a guest at his house and his subsequent injuries are excluded from the policy’s liability coverage.
MoreAppeals court reverses summary judgment for pharmacist, CVS
February 10, 2011
Jennifer NelsonThe Indiana Court of Appeals concluded that a pharmacist working in a Hendricks County CVS had a duty of care to a customer
to either warn her of the side effects of a drug or withhold the medication. As a result, the judges reversed summary judgment
in favor of the drug store and pharmacist in a negligence suit.
MoreSCOTUS refuses to accept two Indiana cases
January 18, 2011
Michael HoskinsThe nation’s highest court has refused to take two Indiana cases, including the high-profile abuse and neglect case
of 3-year-old TaJanay Bailey that revealed fatal flaws in the state’s child welfare system.
MoreJustices accept 4 cases
January 10, 2011
IL StaffThe Indiana Supreme Court took four cases for the week ending Jan. 7, including a case in which a convicted child molester
asked for his sentence to be reduced but ended up having it ordered to be increased due to a sentencing error.
MoreDespite out-of-court agreement, COA upholds motion to strike
November 15, 2010
Jennifer NelsonThe Indiana Court of Appeals encourages collegiality among attorneys when it comes to resolving issues outside of court, but
it had to uphold the striking of documents because they were not timely filed with the trial court. The parties’ attorneys
agreed to an extension of time to reply outside of court, but the trial court had no choice but to not allow the late reply.
MoreWrongful death statute allows for attorney fees, other costs
September 17, 2010
Elizabeth BrockettCompensation for attorney fees and other costs can be awarded under the Adult Wrongful Death Statute, ruled a Court of Appeals
panel today.
MoreCouple not negligent in baby's death
September 17, 2009
Jennifer NelsonA couple did not breach their duty to protect a baby from a dangerous condition on their property in which a 2-month-old died
after his mother smothered him while the two slept on a sofa at the couple's home.
MoreSupreme Court grants 6 transfers
September 14, 2009
Jennifer NelsonThe Indiana Supreme Court granted six transfers Sept. 11, including a case of first impression involving a suit filed by a
pathological gambler against a riverboat casino.
MoreArguments Thursday in infant sleeping death
August 12, 2009
IL StaffThe Indiana Court of Appeals will hear arguments tomorrow in a negligence suit filed by parents after their infant died while
sleeping on a couch with his mother.
MoreJury instruction requires new damages trial
May 12, 2009
Jennifer NelsonA jury instruction the Indiana Court of Appeals found to incorrectly state the law required the court to remand for a new
trial on damages in a negligence suit.
MoreSupreme Court takes Fireman's Rule case
May 7, 2009
Jennifer NelsonThe Indiana Supreme Court granted transfer today to case involving the Indiana Fireman's Rule and whether a policeman's
suit against an Indianapolis strip club is barred by the rule.
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Court Calendar
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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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June 18, 2013 State of Indiana v. Robert Owens - 6/18/13
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June 18, 2013 Winston K. Wood v. State of Indiana - 6/18/13
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Never heard of remand to another state. How often does that happen?
I highly recommend Deanna and her team of professionals that serve the legal community. Great information and many thanks for sharing.
they are pushing these cases against lawyers too far. thought-crime.
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.