personal injury

Student sues Megabus over crash near Indianapolis

October 24, 2014
 Associated Press
A student at Indiana University-Purdue University Indianapolis claiming permanent injuries from a Megabus crash on Interstate 65 is suing the carrier.
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COA: Gas station did not commit spoliation regarding mat

October 22, 2014
Jennifer Nelson
The Indiana Court of Appeals affirmed a lower court’s decision to not instruct a jury in a personal injury action regarding the spoliation of evidence. Margaret Dawson, the injured party, had ample time to inspect the mat she tripped on before the store replaced it.
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Garage door company on hook for $21M jury award

October 9, 2014
IBJ Staff
A Plainfield garage door company has been ordered to pay $21.3 million in damages to an Indianapolis man who suffered permanent, disabling spinal injuries in 2006 due to a malfunctioning garage door.
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Deal may be near in stage collapse suit

September 10, 2014
 Associated Press
A lawsuit filed by victims of the 2011 Indiana State Fair stage collapse appears to be nearing a settlement, a mediator's report indicates, more than three years after the fatal accident that killed seven people and injured more than 40.
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Appeals court reverses summary judgment in freezing-fog fall

September 8, 2014
Dave Stafford
A medical worker who sued her employer after slipping and falling in a parking lot made slick by freezing fog may proceed with her lawsuit, a divided Court of Appeals panel ruled, reversing summary judgment in favor of a Richmond hospital.
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Man cannot collect uninsured motorist coverage after accident on motorcycle

September 4, 2014
Jennifer Nelson
A man injured in an accident while riding a motorcycle cannot collect under his insurance policy’s uninsured motorist coverage, the Indiana Court of Appeals ruled Thursday. The judges rejected his claim that the exclusion of motorcycles violates public policy.
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Too much time has passed for man to sue after rifle accident, 7th Circuit says

July 10, 2014
Jennifer Nelson
A lawsuit against a rifle manufacturer by an injured user was filed outside Indiana’s 10-year statute of repose for products-liability actions, the 7th Circuit Court of Appeals ruled Thursday. The man’s modification to his rifle did not extend the time he had to sue.
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Justices end suit against Gary Railcats over foul-ball injury

June 27, 2014
Dave Stafford
A fan who suffered fractured facial bones and was blinded in one eye after she was struck by a foul ball at a Gary SouthShore Railcats baseball game may not proceed with a lawsuit against the team, the Indiana Supreme Court ruled Friday.
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COA affirms judgment in coverage dispute between insurance companies

June 10, 2014
Jennifer Nelson
The Indiana Court of Appeals affirmed a trial court’s judgment regarding indemnification clauses and coverage under insurance policies. The issue came before the trial court after a worker sought compensation for severe injuries he sustained when he was electrocuted on the construction site of a Wal-Mart in Boone County.
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Court rules in favor of fraternity in lawsuit following assault

May 23, 2014
Jennifer Nelson
The Indiana Court of Appeals has affirmed summary judgment in favor of a fraternity whose members lived in a Terre Haute private residence where a man visiting for a party was assaulted. The victim claimed the fraternity should be liable because members of the college chapter lived at the home and had some chapter items at the residence.
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COA affirms $120,000 for student attacked at school

April 30, 2014
Jennifer Nelson
A former Gary high school student is entitled to $120,000 in damages following an attack in a hallway during school, the Indiana Court of Appeals ruled Wednesday. Gary Community School Corp. appealed the jury award.
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Injured bus driver entitled to $25,000 under his insurance policy

March 14, 2014
Jennifer Nelson
The Indiana Supreme Court Thursday held that a man can recover the remaining $25,000 available to him under his underinsured motorist policy because he did not receive the full statutory minimum of $50,000 from the tortfeasor’s insurer.
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Judges reverse summary judgment in collision case

March 13, 2014
Jennifer Nelson
It should be up to a judge or jury to determine whether a driver’s distance in relation to the vehicle in front of him had any impact on a collision between the driver and another vehicle on Interstate 65.
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COA affirms the voiding of $500,000 default judgment against American Legion post

February 28, 2014
Jennifer Nelson
A Marion Superior court correctly set aside default judgment against an American Legion post after finding the method employed to serve process on the organization was not the best way to inform it of a woman’s lawsuit, the Indiana Court of Appeals ruled.
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Campus fraternity chapter may be liable for alleged hazing injury

February 26, 2014
Dave Stafford
A Wabash College fraternity pledge’s injury claim resulting from alleged hazing, ruled on recently by the Indiana Supreme Court, turned not on whether he was hazed inside the frat house, but on who may be liable.
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Woman’s amended complaint is within limitations period

February 20, 2014
Jennifer Nelson
The Indiana Court of Appeals Thursday spurned a previous ruling from the court and instead looked to a Vermont case to decide that a woman’s amended complaint should not be dismissed for being outside the statute of limitations.
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Woman’s convictions are crimes of violence, justifying sentence

February 13, 2014
Jennifer Nelson
The Indiana Court of Appeals agreed with the state Thursday that a woman’s Class D felony drunken-driving convictions are considered “crimes of violence” under Indiana law, so there was no error when the trial court imposed a seven-year consecutive sentence.
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Wabash fraternity must face alleged hazing-injury claim

February 13, 2014
Dave Stafford
A freshman pledge’s personal-injury claim resulting from what he alleged was a hazing incident at Wabash College may proceed against the campus fraternity, and he may seek compensatory and punitive damages, the Indiana Supreme Court ruled Thursday, overturning lower court rulings.
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Judges reduce restitution award stemming from correctional officer attack

February 4, 2014
Jennifer Nelson
A partial permanent impairment settlement cannot be considered by a trial court when imposing restitution, the Indiana Court of Appeals held Tuesday.
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Trial court erred in disregarding psychiatrists’ unanimous finding

January 28, 2014
Marilyn Odendahl
A woman who brutally attacked her boyfriend’s minor child had her conviction overturned by the Indiana Court of Appeals on the grounds that the trial court did not have enough evidence to contradict the psychiatrists’ reports and find her guilty but mentally ill.
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Split opinion: Disclosure of insurance policy limit is reversible error

January 24, 2014
Dave Stafford
Ruling on an issue of first impression, a divided panel of the Indiana Court of Appeals on Friday rejected a jury’s award of $250,000 to the widow of a motorcyclist injured in a crash. The majority remanded for a new trial, holding that disclosure of uninsured motorist policy limits was irrelevant and prejudiced the jury.
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Appeals panel upholds $3.9M verdict for bicyclist hit by school bus

January 24, 2014
Dave Stafford
A student riding his bicycle to school on Washington Street in Indianapolis was hit by a school bus and critically injured, and a jury’s $3.9 million judgment in his favor was proper, the Indiana Court of Appeals ruled Friday.
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Man wins partial victory in appeal of insurance dispute

January 21, 2014
Jennifer Nelson
The lawsuit filed by man who was hit by a car while crossing the street will continue with respect to the driver of the car, the Indiana Court of Appeals ruled. The judges affirmed summary judgment in favor of the driver’s insurer.
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Woman did not breach duty to man injured while on property uninvited

January 9, 2014
Jennifer Nelson
Summary judgment was properly awarded to the owner of lake-front residential property in a man’s lawsuit filed after he was seriously injured in a hammock accident while on her property uninvited, the Indiana Court of Appeals held Thursday.
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Snow-tubing negligence suit may proceed

January 6, 2014
Dave Stafford
Perfect North Slopes in Lawrenceburg must answer a federal negligence lawsuit arising from a snow-tubing accident almost three years ago that resulted in a brain injury for a child who was 10 years old at the time, a judge ruled Friday.
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  1. It appears the police and prosecutors are allowed to change the rules halfway through the game to suit themselves. I am surprised that the congress has not yet eliminated the right to a trial in cases involving any type of forensic evidence. That would suit their foolish law and order police state views. I say we eliminate the statute of limitations for crimes committed by members of congress and other government employees. Of course they would never do that. They are all corrupt cowards!!!

  2. Poor Judge Brown probably thought that by slavishly serving the godz of the age her violations of 18th century concepts like due process and the rule of law would be overlooked. Mayhaps she was merely a Judge ahead of her time?

  3. in a lawyer discipline case Judge Brown, now removed, was presiding over a hearing about a lawyer accused of the supposedly heinous ethical violation of saying the words "Illegal immigrant." (IN re Barker) http://www.in.gov/judiciary/files/order-discipline-2013-55S00-1008-DI-429.pdf .... I wonder if when we compare the egregious violations of due process by Judge Brown, to her chiding of another lawyer for politically incorrectness, if there are any conclusions to be drawn about what kind of person, what kind of judge, what kind of apparatchik, is busy implementing the agenda of political correctness and making off-limits legit advocacy about an adverse party in a suit whose illegal alien status is relevant? I am just asking the question, the reader can make own conclsuion. Oh wait-- did I use the wrong adjective-- let me rephrase that, um undocumented alien?

  4. of course the bigger questions of whether or not the people want to pay for ANY bussing is off limits, due to the Supreme Court protecting the people from DEMOCRACY. Several decades hence from desegregation and bussing plans and we STILL need to be taking all this taxpayer money to combat mostly-imagined "discrimination" in the most obviously failed social program of the postwar period.

  5. You can put your photos anywhere you like... When someone steals it they know it doesn't belong to them. And, a man getting a divorce is automatically not a nice guy...? That's ridiculous. Since when is need of money a conflict of interest? That would mean that no one should have a job unless they are already financially solvent without a job... A photographer is also under no obligation to use a watermark (again, people know when a photo doesn't belong to them) or provide contact information. Hey, he didn't make it easy for me to pay him so I'll just take it! Well heck, might as well walk out of the grocery store with a cart full of food because the lines are too long and you don't find that convenient. "Only in Indiana." Oh, now you're passing judgement on an entire state... What state do you live in? I need to characterize everyone in your state as ignorant and opinionated. And the final bit of ignorance; assuming a photo anyone would want is lucky and then how much does your camera have to cost to make it a good photo, in your obviously relevant opinion?

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