Personal Injury

Law firm miscue in small claims case gets no relief on appeal

February 17, 2017
Dave Stafford
A law firm that failed to respond to an Allen County small claims court’s inquiry about settlement discussions because the attorney handling the case had left the firm got no relief Friday from the Indiana Court of Appeals.
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Justices rule against woman injured by karate kick

February 16, 2017
Dave Stafford
A woman who sued a karate classmate when she was injured by his jump-kick cannot prove recklessness, the Indiana Supreme Court ruled Thursday, extending its jurisprudence applied to torts arising from sports injuries.
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COA affirms default judgment against Menards in injury lawsuit

February 1, 2017
Olivia Covington
A summons and complaint in a personal injury claim were adequately served on a Menards store in Gary, the Indiana Court of Appeals found Wednesday, so the store cannot seek relief from default judgment entered against it on the basis of the service of process.
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Takata to pay $1B, plead guilty in US air bag probe

January 16, 2017
 Bloomberg News
Takata Corp. admitted to hiding the deadly risks of its exploding air bags for about 15 years in an agreement to pay U.S. regulators, consumers and car manufacturers $1 billion in penalties. The faulty air bags have been linked to at least 17 deaths worldwide.
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7th Circuit: Umbrella commercial policies’ UIM coverage must reach limits

January 4, 2017
Dave Stafford
A man who was seriously injured in a vehicle crash while driving for his job won a reversal of a federal court ruling in the insurance company’s favor Tuesday.
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COA: Stage collapses not foreseeable as a matter of law

December 27, 2016
Olivia Covington
The company hired to provide security to country duo Sugarland on the night of the deadly stage collapse at the 2011 Indiana State Fair could not have reasonably foreseen the stage collapse as a matter of law and, thus, is entitled to summary judgment, the Indiana Court of Appeals held Tuesday.
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Women sue groom, event company after being hit by drone

December 9, 2016
 Associated Press
Two women are suing a groom and the event company that ran his wedding reception after they allege he flew a drone that hit them in the head at the New Hampshire event.
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COA says golf cart use is par for the course during the game

November 15, 2016
Olivia Covington
A man’s negligence claim against a golf teammate who struck the back of his golf cart cannot succeed because driving a golf cart is normal behavior for participants in the sport.
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COA considers jury trial in State Fair stage collapse suit against ESG Security

November 2, 2016
Olivia Covington
Five years after severe weather brought the stage of the Indiana State Fair grandstand to the ground, killing seven people and injuring dozens of others, the final defendant in the ensuing litigation is asking that summary judgment in its favor be upheld.
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7th Circuit affirms jury verdict in injured railroad worker's suit

October 27, 2016
Olivia Covington
A jury correctly ruled against an employee of the railroad company CSX Transportation Inc. who sued his employer after an on-the-job accident that resulted in severe back pain, citing evidence that proved the pain existed before the accident, the 7th Circuit Court of Appeals decided Thursday.
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Lawyer argues girl hurt in stage collapse put self at risk

October 27, 2016
 Associated Press
A student injured in a stage collapse last year during a musical at an Indiana high school put herself at risk by participating in the show, the school said in court records countering a lawsuit from the student's parent.
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Divided COA tosses $2M DUI crash verdict over old convictions

October 13, 2016
Dave Stafford
The majority of an Indiana Court of Appeals panel held Thursday that a drunken driver’s decades-old convictions for alcohol-related offenses were irrelevant and prejudicial in a civil suit following a personal-injury crash. A dissenting judge, though, wrote the admissibility of such evidence should go to its weight rather than its age.
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Mother of injured student sues over Westfield stage collapse

October 6, 2016
 Associated Press
The mother of a Westfield High School student injured after a stage collapse sent dozens of students falling into an orchestra pit filed a lawsuit against the school corporation Thursday for damages.
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NCAA facing 43 concussion lawsuits after latest filings

October 6, 2016
 Associated Press
The NCAA is now facing 43 class-action lawsuits related to the handling of concussions by Division I football programs after 18 more were filed this week.
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Indianapolis man sues Chipotle, others over sign collapse

September 30, 2016
Susan Orr, IBJ Staff
An Indianapolis man who gained national attention after his car was crushed by a Chipotle sign on the north side has filed a lawsuit against the restaurant company as well as the property owner and manager.
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COA finds notice on out-of-state parties sufficient to affirm

September 8, 2016
Dave Stafford
Lawyers for a man injured in a crash involving a tractor-trailer sufficiently served the truck driver and the transport company, the Indiana Court of Appeals ruled Thursday in affirming a default judgment in favor of the injured driver.
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GM wins ignition-switch trial, but legal woes aren’t over

August 26, 2016
 Bloomberg News
General Motors Co.’s victory in a Houston courtroom Thursday makes the carmaker three for three in trials related to an ignition-switch defect, but its legal entanglements may stretch on for years.
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Disabled passenger’s PI suit against Austrian Airlines stays in Indiana

August 25, 2016
Dave Stafford
A Crown Point woman who claims employees of Austrian Airlines broke her leg after failing to accommodate her disability may proceed with her federal lawsuit in Hammond, a judge has ruled.
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GM CEO Barra tells jury company flubbed fatal ignition flaw

August 16, 2016
 Bloomberg News
General Motors Co. failed to designate a flawed ignition switch linked to multiple deaths and injuries as a safety concern, Chief Executive Officer Mary Barra told jurors at a Texas trial.
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COA: School’s insurance doesn’t cover student who injured teacher

July 20, 2016
Jennifer Nelson
Although the Indiana Court of Appeals disagreed with parts of a trial court’s ruling in an insurance coverage dispute, the judges affirmed the ruling that the insurance policy of a school where a student injured her teacher during class is not the primary insurance in the teacher’s personal injury suit.
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Divided COA rules karate kick is an issue of material fact

May 24, 2016
Scott Roberts
The Indiana Court of Appeals ruled 2-1 that a man’s kick in karate class, which injured a woman, constituted an issue of material fact and reversed summary judgment in his favor.
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COA divided over general contractor’s duty to provide safe workplace

May 23, 2016
Jennifer Nelson
The Indiana Court of Appeals voted 2-1 Monday to affirm summary judgment in favor of the general contractor of a Lafayette Gander Mountain project where a subcontractor’s employee was injured. The majority concluded the general contractor did not have a non-delegable contractual duty toward the injured worker.
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Split COA reinstates suit of pedestrian hit by deputy’s vehicle

May 6, 2016
Dave Stafford
A man who was walking on the wrong side of the road in dark clothes at night and was struck by a Marion County deputy driving a jail transport vehicle may pursue his negligence claim, a divided Indiana Court of Appeals panel ruled Friday, reversing the trial court.
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Jury: GM car's bad ignition switch not to blame in crash

March 30, 2016
 Associated Press
A New York City jury found Wednesday that a flawed General Motors ignition switch was not to blame in a 2014 accident on an icy New Orleans bridge, handing the carmaker its second victory in a row in trials meant to help lawyers settle dozens of similar claims.
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COA: Firm has no private cause of action to gain back fees

March 15, 2016
Scott Roberts
The Indiana Court of Appeals reversed a decision that denied HealthPort’s motion for judgment against Garrison Law Firm LLC after it found Garrison did not have a private cause of action under Indiana law or Administrative Code.
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  1. From his recent appearance on WRTV to this story here, Frank is everywhere. Couldn't happen to a nicer guy, although he should stop using Eric Schnauffer for his 7th Circuit briefs. They're not THAT hard.

  2. They learn our language prior to coming here. My grandparents who came over on the boat, had to learn English and become familiarize with Americas customs and culture. They are in our land now, speak ENGLISH!!

  3. @ Rebecca D Fell, I am very sorry for your loss. I think it gives the family solace and a bit of closure to go to a road side memorial. Those that oppose them probably did not experience the loss of a child or a loved one.

  4. If it were your child that died maybe you'd be more understanding. Most of us don't have graves to visit. My son was killed on a state road and I will be putting up a memorial where he died. It gives us a sense of peace to be at the location he took his last breath. Some people should be more understanding of that.

  5. Can we please take notice of the connection between the declining state of families across the United States and the RISE OF CPS INVOLVEMENT??? They call themselves "advocates" for "children's rights", however, statistics show those children whom are taken from, even NEGLIGENT homes are LESS likely to become successful, independent adults!!! Not to mention the undeniable lack of respect and lack of responsibility of the children being raised today vs the way we were raised 20 years ago, when families still existed. I was born in 1981 and I didn't even ever hear the term "CPS", in fact, I didn't even know they existed until about ten years ago... Now our children have disagreements between friends and they actually THREATEN EACH OTHER WITH, "I'll call CPS" or "I'll have [my parent] (usually singular) call CPS"!!!! And the truth is, no parent is perfect and we all have flaws and make mistakes, but it is RIGHTFULLY OURS - BY THE CONSTITUTION OF THIS GREAT NATION - to be imperfect. Let's take a good look at what kind of parenting those that are stealing our children are doing, what kind of adults are they producing? WHAT ACTUALLY HAPPENS TO THE CHILDREN THAT HAVE BEEN RIPPED FROM THEIR FAMILY AND THAT CHILD'S SUCCESS - or otherwise - AS AN ADULT.....

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