Personal Injury

COA rules against contractor hurt on IU jobsite

June 13, 2017
Olivia Covington
A construction manager and product manufacturer did not have a duty to a construction contractor injured on an Indiana University jobsite in October 2012, the Indiana Court of Appeals ruled Tuesday.
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7th Circuit: Summary judgment properly awarded to glue manufacturer

June 7, 2017
Olivia Covington
A federal judge properly awarded summary judgment to a glue manufacturer after the 7th Circuit Court of Appeals determined a man who claimed he suffered neurological issues from the glue’s fumes failed to provide expert testimony to establish causation.
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Judge awards no damages to worker burned inside heated tank

May 31, 2017
 Associated Press
A lawsuit filed by an eastern Indiana man seriously burned inside a heated chemical tank has ended without any damages being awarded.
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COA affirms $2.13M award against trucking firm in crash

May 11, 2017
Dave Stafford
A Tippecanoe County jury’s award of $2.13 million in damages to a woman permanently injured in a crash that killed her fiancé was affirmed Thursday by the Indiana Court of Appeals.
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J&J loses $110M verdict over talc cancer-link claim

May 5, 2017
 Bloomberg News
Johnson & Johnson was ordered by a St. Louis jury to pay more than $110 million to a Virginia woman who blamed her ovarian cancer on the company’s talcum products.
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United passenger dragged off jet got concussion, lawyer says

April 13, 2017
 Bloomberg News
The passenger dragged off a United Continental Holdings Inc. flight suffered a concussion, a broken nose and two lost teeth, one of his lawyers said Thursday.
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Lawsuit against Columbus over crosswalk headed toward trial

April 11, 2017
Olivia Covington
Although the city of Columbus has immunity from the policy decisions that may have contributed to a 13-year-old’s injuries when he was struck by a vehicle in a city crosswalk, genuine issues of material fact remain that preclude the city from being awarded summary judgment in a lawsuit, a divided Indiana Court of Appeals has held.
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Lawyer stands behind his own rollover crash tests courts ruled inadmissible

April 5, 2017
Dave Stafford
New Albany attorney Dave Scott wanted to prove a point when he strapped himself behind the wheel of a 1999 Ford Explorer that was pushed down an embankment, violently rolling over multiple times. Just to be safe, he later buckled into another Explorer that again was sent careening roof over wheels, rolling three times.
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Jury awards $6.1M to brothers injured in Marion crash

March 24, 2017
A judge this week certified what’s believed the largest-ever Grant County jury trial award of damages in a case stemming from a fatal car crash that happened almost eight years ago.
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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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