personal injury
Justices focus on hazing, duty in Wabash fraternity case
April 24, 2013
Dave StaffordIndiana Supreme Court justices on Tuesday quizzed attorneys about what constitutes hazing and whether Wabash College and a
fraternity chapter owed a duty to protect a pledge injured when fraternity brothers placed him in a chokehold then dropped
him.
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.
More7th Circuit affirms for employer in rental equipment fatality
April 9, 2013
Dave StaffordAn employer bears no liability in a lawsuit brought by the estate of a man who died operating a rented 40-foot boom lift,
the 7th Circuit Court of Appeals ruled Monday.
MoreEndorsement clause makes insurance policy ambiguous
April 8, 2013
Marilyn OdendahlDescribing an insurance company’s policy as “inherently ambiguous,” the Indiana Court of Appeals has reserved
the summary judgment granted by the trial court.
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 affirms defense verdict in motorcycle crash
April 4, 2013
Dave StaffordA woman who lost her legs after an Indianapolis motorcycle crash isn’t entitled to a new trial even though hearsay evidence
was improperly admitted, including her statements that the crash was her fault.
MoreCOA affirms Pennsylvania proper forum for complaint
March 18, 2013
Jennifer NelsonThe Indiana Court of Appeals ruled Monday that a producer of limestone and other products must file its complaint for indemnification
in Pennsylvania based on its contract with a trucking company, and not Lake County, Ind.
MoreJudges affirm reduction of subrogation lien
March 15, 2013
Jennifer NelsonThe Indiana Court of Appeals rejected State Farm Insurance Company’s argument that its subrogation lien regarding one
couple’s policy shouldn’t be reduced based on State Farm’s refusal in a policy held by another family to
pay the full amount of the couple’s claim following a car accident.
MoreParr Richey plans helmet giveaway, bike safety event
March 12, 2013
IL StaffA Lebanon law firm will give away kids’ bike helmets at an April event promoting bike safety and healthy lifestyles.
MoreBrother’s previous threat allowed at trial
February 18, 2013
Jennifer NelsonThe Indiana Court of Appeals concluded Monday that a threat made by a man against his brother a year before the man threw
hot water on the brother was properly admitted into evidence during trial.
MoreWoman hit by foul ball strikes out at Court of Appeals
February 15, 2013
Jennifer NelsonA baseball organization in Lake County is not liable for the injuries a fan suffered when she was hit in the face by a foul
ball during a game, the Indiana Court of Appeals ruled Friday.
MoreCOA: Parties must arbitrate dispute over insurance coverage
February 6, 2013
Jennifer NelsonThe Indiana Court of Appeals found a trial court erred when it failed to enforce an arbitration provision of an insurance
policy issued by Pekin Insurance Co. and ordered a couple’s lawsuit against their insurer stayed until arbitration is
complete.
MoreCOA affirms ruling in suit brought after fatal train accident
December 27, 2012
Dave StaffordThe trial court did not err in concluding that a genuine issue of material fact exists as to whether federal preemption applies
with respect to the adequacy of the traffic warning devices installed at a railroad crossing where a fatal accident occurred
in 2009, the Indiana Court of Appeals affirmed Thursday.
MoreAppeals court reinstates injured motorist’s claim against insurer
December 27, 2012
Dave StaffordA driver’s claim against an insurance company that was dismissed by a trial court was reinstated by the Indiana Court
of Appeals on Thursday.
MoreAG: State Fair stage collapse victim payments completed
December 20, 2012
Dave StaffordVictims of the 2011 Indiana State Fair stage collapse soon will receive a supplemental and final disbursement of money allocated
for victims of the tragedy that killed seven people and injured scores more.
MoreJudges uphold workers’ comp claim for nurse
December 14, 2012
Jennifer NelsonThe Indiana Court of Appeals has affirmed the Indiana Worker’s Compensation Board’s ruling in favor of a home
health care registered nurse on her claim for workers' compensation. The judges rejected the company’s argument
that the board’s decision was based on the defunct “positional risk doctrine.”
MoreAppeals court rules wrong state law applied in truck crash, but result is same
November 15, 2012
Dave StaffordA 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.
MoreFraternity pledge loses appeal involving alleged hazing incident
October 2, 2012
Jennifer NelsonTwo Indiana Court of Appeals judges found that an incident involving “showering” at a Wabash College fraternity
in 2007 – which led to injuries to a freshman pledge – were not considered hazing under Indiana law. Judge Nancy
Vaidik, who dissented, found the majority’s view of pledging and hazing “far too restrictive.”
MoreWoman gets 4-year sentence for lying about being injured in State Fair collapse
October 1, 2012
Jennifer NelsonOne of the two women prosecutors say filed false claims in order to receive money from funds set up for victims of the stage
collapse at the Indiana State Fair in 2011 received a four-year sentence Friday.
MoreHospital has no claim against insurer in Tennessee judgment
September 24, 2012
Dave StaffordA Fort Wayne Hospital that treated a person injured after a Tennessee vehicle crash may not enforce a lien against a judgment
of a Tennessee court that awarded damages to the motorist.
MoreUnderinsurance benefit payout doesn’t satisfy judgment
September 20, 2012
Jennifer NelsonThe Indiana Court of Appeals held that the party at-fault in an auto accident is not entitled to benefit from the injured
party’s “carefulness and assiduousness” in obtaining underinsured motorist insurance coverage.
MoreWorker’s Compensation Act doesn’t give board ability to decide contract construction issue
September 4, 2012
Jennifer NelsonThe Indiana Court of Appeals ruled that a Hamilton Superior Judge erred in granting an injured worker’s motion to dismiss
a company’s action on whether it was liable to pay workers’ compensation to the injured man, who worked for another
company.
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.
MoreDenial of summary judgment upheld over questions of car ownership
August 29, 2012
Jennifer NelsonThe insurer of a car dealership is not entitled to summary judgment because there are genuine issues of material fact as to
whether the dealership or the son of an employee who purchased a car from the dealership owned the car at the time the son
hit a bicyclist.
MoreJudges uphold insurers’ share of settlement liability
August 17, 2012
Jennifer NelsonA District judge did not err in how he apportioned liability among three insurers for payment of a settlement between an injured
worker and a contractor, the 7th Circuit Court of Appeals held Friday.
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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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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.
In regards to bill's comment about trusting the cover meant. We can trust them about as much as we can trust attorneys'.
This is disturbing to learn...
Yikes!