personal injury

Appeals court affirms judgment for Valpo frat in student fight

April 21, 2015
Dave Stafford
A fraternity fight between two Valparaiso University students who had clashed before is not grounds to hold the local or national fraternities responsible for one of the student’s injuries.
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Judge delays decision on NCAA concussion settlement

April 20, 2015
 Bloomberg News
A U.S. judge has declined to immediately approve the National Collegiate Athletic Association’s $75 million settlement of a lawsuit by college athletes who’ve suffered head injuries, giving a critic of the accord three weeks to file arguments opposing the revamped deal.
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Firm's annual event promotes bike safety

April 6, 2015
Jennifer Nelson
Parr Richey Obremskey Frandsen & Patterson is presenting its 5th annual “Pedalpalooza” later this month, an event that promotes healthy lifestyles and bike safety.
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Split COA reinstates State Fair stage collapse suit

March 30, 2015
Dave Stafford
The company that leased a temporary stage that collapsed in a windstorm killing seven and injuring dozens prevailed in overturning a trial court ruling in favor of the Indiana State Fair Commission. A dissenting appellate judge wrote that the majority placed form over substance in shifting liability to the state.
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Plaintiffs in bar shooting were owed protection

March 25, 2015
Marilyn Odendahl
When a customer pulled a gun and started shooting, the bar had a well-established duty to protect its other customers, the Indiana Court of Appeals has ruled.
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Couple’s gun collection incorrectly classified as ‘household goods’

March 11, 2015
Jennifer Nelson
The determination as to whether guns or a gun collection are “household goods” should be made on a case-by-case basis, the Indiana Court of Appeals ruled. In a case before it Wednesday, the judges held that the large collection owned by a couple who are since deceased was incorrectly classified as “household goods.”
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Accident reconstruction advances light years in the last quarter-century

March 11, 2015
Dave Stafford
Portage attorney Greg Sarkisian remembers a time when trying to convince a jury how a crash happened involved moving magnetic cars around on a board.
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More lawsuits filed in December Megabus crash in Indiana

March 9, 2015
 Associated Press
More lawsuits have been filed by Megabus passengers injured when a double-decker bus rolled onto its side in southern Indiana in December.
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Lease doesn't bar dentist's slip-and-fall suit against landlord

February 24, 2015
Dave Stafford
A dentist who slipped and fell on a patch of ice outside his office may pursue a negligence and personal-injury lawsuit against his professional corporation’s landlord, the Court of Appeals affirmed Tuesday.
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Attorney: Settlement reached in parasailing crash lawsuit

February 24, 2015
 Associated Press
An attorney for two Indiana teenagers who were seriously injured in a Florida parasailing crash says a settlement has been reached in a lawsuit filed by one of the victim's parents.
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COA looks to Illinois for guidance on admission of naprapath’s testimony

February 19, 2015
Marilyn Odendahl
In a case of first impression, the Indiana Court of Appeals found that a naprapath licensed in Illinois could testify about a woman’s injuries following a slip and fall.
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COA reverses summary judgment in personal injury claim, abandons volunteer doctrine

February 3, 2015
Jennifer Nelson
A negligence case involving a Terre Haute HVAC business and a man injured while helping move a furnace will move forward now that the Indiana Court of Appeals has reversed summary judgment in favor of the company.
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Gang member’s sentence for bar fight reduced

January 28, 2015
Jennifer Nelson
The convictions of a gang member stemming from his role in a bar fight were upheld by the Court of Appeals Wednesday, but the judges ordered his sentence shortened because the convictions all occurred during a single episode of criminal conduct.
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Severely injured worker allowed to make case to jury

January 23, 2015
Marilyn Odendahl
A man who sustained life-changing injuries from a workplace accident is entitled to have his day in court to present his claims to a jury, the Indiana Court of Appeals ruled.
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Justices: ‘Value’ threshold for workers’ comp liability not just direct monetary payment

January 22, 2015
Jennifer Nelson
The “value” attributable to the performance of work that triggers secondary liability under the Worker’s Compensation Act includes both direct monetary payment as well as any ancillary consideration received for the work, the Indiana Supreme Court ruled in a case of first impression.
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COA affirms Notre Dame not responsible for treatment unrelated to work injury

January 22, 2015
Jennifer Nelson
The Indiana Court of Appeals affirmed on Thursday the decision by the Worker’s Compensation Board that a University of Notre Dame employee had reached maximum medical improvement from her work-related injury.
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Construction manager owed no duty to injured independently contracted employee

January 22, 2015
Jennifer Nelson
Based on the contracts between Ivy Tech Community College, the contract manager it hired and an independent contractor, no duty of care existed between the contract manager and the employees of contractors, the Indiana Court of Appeals affirmed.
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Teen injured in stage collapse loses challenge of tort liability

January 14, 2015
Jennifer Nelson
A Cincinnati girl who was injured when a concert stage collapsed in 2011 at the Indiana State Fair and later declined to settle with the state lost her challenge that the tort claim caps are unconstitutional, ruled the Indiana Court of Appeals Wednesday.
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Company owed no duty to woman injured by employee after work

December 31, 2014
Jennifer Nelson
The Indiana Court of Appeals affirmed Wednesday that a northwest Indiana steel producer did not owe a duty to a woman injured in a car accident caused by an employee as he drove home from his shift. 
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Georgia woman files suit in Indiana Megabus crash

December 31, 2014
 Associated Press
A Georgia woman injured when a double-decker bus crashed in southern Indiana is suing Megabus over medical bills and lost wages stemming from her injuries.
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State Fair stage collapse appeal puts tort caps on trial

December 31, 2014
Dave Stafford
While the lone victim of the Indiana State Fair stage collapse who declined to settle with the state aims to prove caps on its liability are unconstitutional, judges who heard the appeal focused on why she was denied her day in court.
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7th Circuit: Jury correctly ruled in favor of gas station in personal injury suit

December 23, 2014
Jennifer Nelson
The District Court properly excluded an ordinance a woman sought to introduce at trial to bolster her case that a gas station should be liable for her injuries sustained after she fell off a curb walking around a display outside the gas station store, the 7th Circuit Court of Appeals ruled Tuesday.
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Sugarland, promoter settle with state fair victims

December 22, 2014
 Associated Press
Country duo Sugarland, concert promoter Live Nation and 16 other defendants have agreed to pay $39 million to settle claims stemming from the deadly 2011 Indiana State Fair stage collapse, lawyers for the victims and their families announced Friday.
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Ohio girl hurt at fair challenges Indiana damages cap

December 16, 2014
 Associated Press
Attorneys for a 13-year-old Ohio girl hurt when a stage collapsed at the Indiana State Fair argued Monday that the state's cap on liability damages is unconstitutional and should be thrown out by the Indiana Court of Appeals.
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Complaint properly dismissed for failure to comply with Trial Rule 3

December 11, 2014
Jennifer Nelson
Because the people suing a driver who allegedly caused a car accident sent their summons to the county clerk after the two-year statute of limitations expired, the trial court correctly granted the defendant’s motion to dismiss, the Indiana Court of Appeals ruled.
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  1. I have dealt with more than a few I-465 moat-protected government attorneys and even judges who just cannot seem to wrap their heads around the core of this 800 year old document. I guess monarchial privileges and powers corrupt still ..... from an academic website on this fantastic "treaty" between the King and the people ... "Enduring Principles of Liberty Magna Carta was written by a group of 13th-century barons to protect their rights and property against a tyrannical king. There are two principles expressed in Magna Carta that resonate to this day: "No freeman shall be taken, imprisoned, disseised, outlawed, banished, or in any way destroyed, nor will We proceed against or prosecute him, except by the lawful judgment of his peers or by the law of the land." "To no one will We sell, to no one will We deny or delay, right or justice." Inspiration for Americans During the American Revolution, Magna Carta served to inspire and justify action in liberty’s defense. The colonists believed they were entitled to the same rights as Englishmen, rights guaranteed in Magna Carta. They embedded those rights into the laws of their states and later into the Constitution and Bill of Rights. The Fifth Amendment to the Constitution ("no person shall . . . be deprived of life, liberty, or property, without due process of law.") is a direct descendent of Magna Carta's guarantee of proceedings according to the "law of the land." http://www.archives.gov/exhibits/featured_documents/magna_carta/

  2. I'm not sure what's more depressing: the fact that people would pay $35,000 per year to attend an unaccredited law school, or the fact that the same people "are hanging in there and willing to follow the dean’s lead in going forward" after the same school fails to gain accreditation, rendering their $70,000 and counting education worthless. Maybe it's a good thing these people can't sit for the bar.

  3. Such is not uncommon on law school startups. Students and faculty should tap Bruce Green, city attorney of Lufkin, Texas. He led a group of studnets and faculty and sued the ABA as a law student. He knows the ropes, has advised other law school startups. Very astute and principled attorney of unpopular clients, at least in his past, before Lufkin tapped him to run their show.

  4. Not that having the appellate records on Odyssey won't be welcome or useful, but I would rather they first bring in the stray counties that aren't yet connected on the trial court level.

  5. Aristotle said 350 bc: "The most hated sort, and with the greatest reason, is usury, which makes a gain out of money itself, and not from the natural object of it. For money was intended to be used in exchange, but not to increase at interest. And this term interest, which means the birth of money from money, is applied to the breeding of money because the offspring resembles the parent. Wherefore of an modes of getting wealth this is the most unnatural.

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