personal injury

Injured bus driver entitled to $25,000 under his insurance policy

March 14, 2014
Jennifer Nelson
The Indiana Supreme Court Thursday held that a man can recover the remaining $25,000 available to him under his underinsured motorist policy because he did not receive the full statutory minimum of $50,000 from the tortfeasor’s insurer.
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Judges reverse summary judgment in collision case

March 13, 2014
Jennifer Nelson
It should be up to a judge or jury to determine whether a driver’s distance in relation to the vehicle in front of him had any impact on a collision between the driver and another vehicle on Interstate 65.
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COA affirms the voiding of $500,000 default judgment against American Legion post

February 28, 2014
Jennifer Nelson
A Marion Superior court correctly set aside default judgment against an American Legion post after finding the method employed to serve process on the organization was not the best way to inform it of a woman’s lawsuit, the Indiana Court of Appeals ruled.
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Campus fraternity chapter may be liable for alleged hazing injury

February 26, 2014
Dave Stafford
A Wabash College fraternity pledge’s injury claim resulting from alleged hazing, ruled on recently by the Indiana Supreme Court, turned not on whether he was hazed inside the frat house, but on who may be liable.
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Woman’s amended complaint is within limitations period

February 20, 2014
Jennifer Nelson
The Indiana Court of Appeals Thursday spurned a previous ruling from the court and instead looked to a Vermont case to decide that a woman’s amended complaint should not be dismissed for being outside the statute of limitations.
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Woman’s convictions are crimes of violence, justifying sentence

February 13, 2014
Jennifer Nelson
The Indiana Court of Appeals agreed with the state Thursday that a woman’s Class D felony drunken-driving convictions are considered “crimes of violence” under Indiana law, so there was no error when the trial court imposed a seven-year consecutive sentence.
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Wabash fraternity must face alleged hazing-injury claim

February 13, 2014
Dave Stafford
A freshman pledge’s personal-injury claim resulting from what he alleged was a hazing incident at Wabash College may proceed against the campus fraternity, and he may seek compensatory and punitive damages, the Indiana Supreme Court ruled Thursday, overturning lower court rulings.
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Judges reduce restitution award stemming from correctional officer attack

February 4, 2014
Jennifer Nelson
A partial permanent impairment settlement cannot be considered by a trial court when imposing restitution, the Indiana Court of Appeals held Tuesday.
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Trial court erred in disregarding psychiatrists’ unanimous finding

January 28, 2014
Marilyn Odendahl
A woman who brutally attacked her boyfriend’s minor child had her conviction overturned by the Indiana Court of Appeals on the grounds that the trial court did not have enough evidence to contradict the psychiatrists’ reports and find her guilty but mentally ill.
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Split opinion: Disclosure of insurance policy limit is reversible error

January 24, 2014
Dave Stafford
Ruling on an issue of first impression, a divided panel of the Indiana Court of Appeals on Friday rejected a jury’s award of $250,000 to the widow of a motorcyclist injured in a crash. The majority remanded for a new trial, holding that disclosure of uninsured motorist policy limits was irrelevant and prejudiced the jury.
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Appeals panel upholds $3.9M verdict for bicyclist hit by school bus

January 24, 2014
Dave Stafford
A student riding his bicycle to school on Washington Street in Indianapolis was hit by a school bus and critically injured, and a jury’s $3.9 million judgment in his favor was proper, the Indiana Court of Appeals ruled Friday.
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Man wins partial victory in appeal of insurance dispute

January 21, 2014
Jennifer Nelson
The lawsuit filed by man who was hit by a car while crossing the street will continue with respect to the driver of the car, the Indiana Court of Appeals ruled. The judges affirmed summary judgment in favor of the driver’s insurer.
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Woman did not breach duty to man injured while on property uninvited

January 9, 2014
Jennifer Nelson
Summary judgment was properly awarded to the owner of lake-front residential property in a man’s lawsuit filed after he was seriously injured in a hammock accident while on her property uninvited, the Indiana Court of Appeals held Thursday.
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Snow-tubing negligence suit may proceed

January 6, 2014
Dave Stafford
Perfect North Slopes in Lawrenceburg must answer a federal negligence lawsuit arising from a snow-tubing accident almost three years ago that resulted in a brain injury for a child who was 10 years old at the time, a judge ruled Friday.
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Fatal accident leads COA to examine boating statute

December 31, 2013
Jennifer Nelson
A boat operator’s appeal of his convictions stemming from a fatal accident on Lake Monroe in 2010 split the Indiana Court of Appeals as to whether I.C. 14-15-4-1 is unconstitutional as applied.
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Torn Achilles tendon is not city’s fault, COA rules

December 31, 2013
Marilyn Odendahl
A state statute providing immunity to municipalities for 20-year-old public work projects absolved a southern Indiana city from liability for an injury a man incurred when he stepped off a curb and into a sewer drain.
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Injured worker has to prove company is secondarily liable in workers' comp claim

December 17, 2013
Marilyn Odendahl
The Indiana Court of Appeals split in deciding a workers’ compensation claim concerning who had the burden to prove whether the true value of work exceeded $1,000 and, therefore, triggered secondary liability.
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Inmate’s negligence suit may continue, court rules

December 11, 2013
Jennifer Nelson
The Indiana Court of Appeals ordered more proceedings on a negligence lawsuit filed by an Indiana Department of Correction inmate after he fell and injured himself. In the decision, the judges also decided that prison operators are subject to liability in much the same manner as other private actors.
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COA: Insurer has no liability for dog bite injuries

December 10, 2013
Jennifer Nelson
The Indiana Court of Appeals upheld summary judgment in favor of Auto-Owners Insurance Co. on the issue of whether it had liability to cover the damages sought by the parents of a boy bit by a dog on the insured’s property. The person residing at the home, whose dog bit the boy, was not considered an insured under the policy.
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Denial of SSI reversed for failure to consider mental health

December 3, 2013
Marilyn Odendahl
A woman who claimed disability in part because of her diminished mental health will get another chance to present her case after the 7th Circuit Court of Appeals found the administrative law judge did not properly consider the opinions and testimony regarding the woman’s mental condition.
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COA: Wife of man injured at work entitled to benefits

November 26, 2013
Jennifer Nelson
The Indiana Court of Appeals ruled that the Indiana Worker’s Compensation Board’s decision to deny benefits to a man injured at work was unsupported by the evidence. The judges ordered a determination of the benefits that the man’s widow should receive on his behalf.
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Commitment statute not unconstitutional as applied to man with brain injury

November 26, 2013
Jennifer Nelson
A Marion Superior Court did not violate a defendant’s due process rights in ordering his commitment to the Department of Mental Health and Addiction after finding him incompetent to stand trial. Evan Leedy suffered a traumatic brain injury in an auto accident that killed his girlfriend and injured another driver.
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School corporation sued by attacked students wins on appeal

October 31, 2013
Jennifer Nelson
A student who filed a lawsuit against his school corporation after he was assaulted by a fellow student while a teacher was in the hallway lost his negligence case on appeal Thursday. The Indiana Court of Appeals affirmed summary judgment in favor of the school.
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Contractor owed no duty to worker injured during construction of Carmel arts center

October 10, 2013
Jennifer Nelson
Summary judgment for a contractor on the Carmel Regional Performing Arts Center construction was appropriate, the Indiana Court of Appeals ruled, rejecting an injured worker’s argument that a duty was owed to him based on federal workplace safety regulations.
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Owners of spooked horse entitled to summary judgment in negligence suit

October 10, 2013
Jennifer Nelson
The Indiana Court of Appeals ruled Thursday that the owners of a horse that trampled a man after getting loose at the Marshall County 4-H Fairgrounds didn’t have reason to know the horse had any dangerous propensities prior to the accident. The court affirmed summary judgment in a negligence lawsuit on the issue.
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