personal injury

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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Judge tells lawyers to fight GM instead of each other

February 11, 2016
 Bloomberg News
The judge overseeing lawsuits against General Motors Co. over a lethal ignition-switch defect denied a bid to remove the lead attorney for the injury and death cases, telling the lawyers to stop arguing with each other.
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GM accuses ignition-switch trial plaintiff of dream-house fraud

January 19, 2016
 Bloomberg News
An Oklahoma man suing General Motors Co. in the first trial over a deadly ignition switch flaw lied to the jury about his family’s eviction from its “dream house” after he committed fraud against a real estate agent, the company says.
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GM faulty-switch trial begins with claim of deadly cover-up

January 13, 2016
 Bloomberg News
General Motors Co. found a deadly flaw in its ignition switches but chose to keep customers and regulators in the dark for years, a lawyer for an injured postal carrier told jurors in the first trial over the defect.
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GM ignition nightmare won’t go away, for victims or company

January 8, 2016
 Bloomberg News
The car maker, which faces at least 16 trials on death and injury claims in state and federal courts in the U.S. in 2016, has said in regulatory filings that it couldn’t estimate its potential liability.
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Injured moped driver entitled to new trial

December 31, 2015
Jennifer Nelson
The Indiana Court of Appeals reversed a jury ruling in favor of a motorcyclist who collided with a moped driver trying to seek shelter before a rainstorm and ordered a new trial.
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Inmate wins $10,000 verdict against US for prison injury

December 29, 2015
Dave Stafford
A federal inmate who cut his forearm on a jagged bed frame won a $10,000 judgment in his lawsuit against the United States.
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Driverless cars give lawyers bottomless list of defendants

December 22, 2015
 Bloomberg News
Imagine a robot car with no one behind the wheel hitting another driverless car. Who’s at fault?
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Should you get insurance on your kid's drone?

December 16, 2015
 Bloomberg News
The next wave of hobby drones will be wrapped in boxes underneath Christmas trees before they fill the skies. If industry sales projections come true, the holiday season will put tens of thousands of relative novices at the controls of small unmanned aerial vehicles in densely populated cities and suburbs. All that amateurish swooping over houses and cars, spooking pets and dodging humans, will invariably lead to cracked windows and more than a few bloody injuries.
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COA: Jury properly rejected defendant’s insanity defense

November 5, 2015
Jennifer Nelson
Because there was evidence that a defendant’s mental state at the time he stabbed his estranged wife was due to voluntary intoxication, the jury properly rejected his insanity defense, the Indiana Court of Appeals held Thursday.
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Man charged in pit bull attack on 2 Indiana women

October 12, 2015
 Associated Press
An Indiana man is facing misdemeanor charges after his pit bulls mauled and seriously injured two young women.
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Reversal reinstates negligence claim in fall on snowy hotel lot

October 6, 2015
Dave Stafford
A trial court erred in granting summary judgment in favor of hotel defendants on a negligence claim arising after a guest slipped, fell and was injured in a parking lot covered by a dusting of snow.
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COA upholds guest statute in auto injury case

September 11, 2015
Marilyn Odendahl
An attempt to revive old constitutional arguments against Indiana’s guest statute failed to gain traction with the Indiana Court of Appeals.
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No evidence of officer’s injury voids restitution order

July 31, 2015
Dave Stafford
An Indianapolis trial court abused its discretion by ordering a man convicted in a physical altercation with police to pay more than $27,000 in restitution despite a lack of evidence he caused injuries that resulted in those medical bills.
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Dose of chlorine gas alone not enough to support diagnosis of respiratory illness

July 21, 2015
Marilyn Odendahl
A man who failed to produce an expert witness to link his respiratory ailment to a mishap at an amusement park will not be able to continue with his negligence claim.
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City not liable for injury caused by pothole

July 16, 2015
Marilyn Odendahl
The Indiana Court of Appeals split over the extent of governmental immunity after a woman who broke her leg crossing the street sued the city of Beech Grove for negligence.
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Inmate’s failure to comply with ITCA dooms lawsuit

June 18, 2015
Jennifer Nelson
A Department of Correction inmate who sued several government employees after he was injured when he fell out of a pickup truck lost his appeal before the Indiana Court of Appeals Thursday.
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Justices decline to make bright-line rule on admission of coverage limits

June 9, 2015
Jennifer Nelson
The Indiana Supreme Court affirmed the admission of a couple’s uninsured motorist policy limits at a trial in which the couple sued its insurer to recover under that provision. But in doing so, the justices declined requests by the Indiana Trial Lawyers Association and the Defense Trial Counsel of Indiana to adopt a bright-line rule on the admission of coverage limits.
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Injured man fails to convince COA he was mentally incompetent

June 2, 2015
Marilyn Odendahl
A split Indiana Court of Appeals found that affidavits from an injured man’s family members as to his mental competency were not sufficient to overcome his failure to file a complaint before the statute of limitations had expired.
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Jury awards $32.5M to victim of 2006 traffic accident

May 22, 2015
 Associated Press
A jury awarded $32.5 million to a Dyer, Indiana, woman who suffered brain damage and was left partially paralyzed in a traffic accident.
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Judge approves $200M settlement in 2012 meningitis outbreak

May 20, 2015
 Associated Press
Victims of a 2012 meningitis outbreak caused by a now-closed Massachusetts compounding pharmacy will have access to a $200 million compensation fund, following approval Tuesday by a federal bankruptcy judge.
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  1. Just an aside, but regardless of the outcome, I 'm proud of Judge William Hughes. He was the original magistrate on the Home place issue. He ruled for Home Place, and was primaried by Brainard for it. Their tool Poindexter failed to unseat Hughes, who won support for his honesty and courage throughout the county, and he was reelected Judge of Hamilton County's Superior Court. You can still stand for something and survive. Thanks, Judge Hughes!

  2. CCHP's real accomplishment is the 2015 law signed by Gov Pence that basically outlaws any annexation that is forced where a 65% majority of landowners in the affected area disagree. Regardless of whether HP wins or loses, the citizens of Indiana will not have another fiasco like this. The law Gov Pence signed is a direct result of this malgovernance.

  3. I gave tempparry guardship to a friend of my granddaughter in 2012. I went to prison. I had custody. My daughter went to prison to. We are out. My daughter gave me custody but can get her back. She was not order to give me custody . but now we want granddaughter back from friend. She's 14 now. What rights do we have

  4. This sure is not what most who value good governance consider the Rule of Law to entail: "In a letter dated March 2, which Brizzi forwarded to IBJ, the commission dismissed the grievance “on grounds that there is not reasonable cause to believe that you are guilty of misconduct.”" Yet two month later reasonable cause does exist? (Or is the commission forging ahead, the need for reasonable belief be damned? -- A seeming violation of the Rules of Profession Ethics on the part of the commission) Could the rule of law theory cause one to believe that an explanation is in order? Could it be that Hoosier attorneys live under Imperial Law (which is also a t-word that rhymes with infamy) in which the Platonic guardians can do no wrong and never owe the plebeian class any explanation for their powerful actions. (Might makes it right?) Could this be a case of politics directing the commission, as celebrated IU Mauer Professor (the late) Patrick Baude warned was happening 20 years ago in his controversial (whisteblowing) ethics lecture on a quite similar topic: http://www.repository.law.indiana.edu/cgi/viewcontent.cgi?article=1498&context=ilj

  5. I have a case presently pending cert review before the SCOTUS that reveals just how Indiana regulates the bar. I have been denied licensure for life for holding the wrong views and questioning the grand inquisitors as to their duties as to state and federal constitutional due process. True story: https://www.scribd.com/doc/299040839/2016Petitionforcert-to-SCOTUS Shorter, Amici brief serving to frame issue as misuse of govt licensure: https://www.scribd.com/doc/312841269/Thomas-More-Society-Amicus-Brown-v-Ind-Bd-of-Law-Examiners

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