wrongful death
National fraternity not entitled to summary judgment in wrongful death case
May 8, 2013
Jennifer NelsonThe national organization of a Wabash College fraternity where a freshman pledge died after a night of heavy drinking is not
entitled to summary judgment on the student’s parents’ claims arising from his wrongful death, the Indiana Court
of Appeals ruled.
More7th Circuit affirms for employer in rental equipment fatality
April 9, 2013
Dave StaffordAn employer bears no liability in a lawsuit brought by the estate of a man who died operating a rented 40-foot boom lift,
the 7th Circuit Court of Appeals ruled Monday.
MoreFraudulent concealment tolls Wrongful Death Act’s limitations period
January 31, 2013
Jennifer NelsonThe Wrongful Death Act’s two-year limitations period is tolled by fraudulent concealment, and plaintiffs whose wrongful
death claims have been fraudulently concealed beyond the act’s limitations period have a full two years after the concealment
is or should be discovered with reasonable diligence to file their claims, the Indiana Court of Appeals held in a case of
first impression.
MoreProperty mortgagor, managers owed no duty in case of drowned girl
January 15, 2013
A trial court correctly dismissed a wrongful death case the mother of a 5-year-old girl filed against a mortgage company and
other defendants after the child drowned in the pool of a house that had been abandoned.
MoreNurses may be expert witnesses in some standard of care disputes
August 15, 2012
Jennifer NelsonThe Indiana Court of Appeals declined Wednesday to create a blanket rule that nurses cannot qualify as expert witnesses under
the Indiana Evidence Rule and testify as to whether a health care provider breached a standard of care or whether an alleged
breach caused an injury.
MoreJustices reject jurisdiction in 'bizarre' fatal helicopter crash
July 31, 2012
Dave StaffordThe family of a man killed by a falling helicopter that crashed in British Columbia will not have their case heard in Indiana
where the helicopter engine was built, the Indiana Supreme Court ruled Monday.
MoreAppeals court clears hotel in guest's death outside
July 31, 2012
Dave StaffordThe family of a hotel guest who died after falling and hitting his head outside on a cold night may not proceed with a wrongful
death suit against the hotel, the Court of Appeals held in a ruling Tuesday.
MoreMother of man shot to death at Kroger files suit
July 19, 2012
Scott OlsonThe mother of an Indianapolis man fatally shot in December by a Kroger manager during what police determined was an attempted
robbery is suing the supermarket chain for wrongful death.
MoreJustices will hear arguments in Floyd County
March 28, 2012
IL StaffThe Indiana Supreme Court will visit New Albany Thursday to hear arguments in a case involving Rolls-Royce Corp.
MoreJustices disagree on whether jury instruction requires new trial
March 21, 2012
Jennifer NelsonThe majority of Indiana justices ordered a new trial on liability for a school corporation being sued for wrongful death,
finding one of the jury instructions could have misled the jury about a key issue regarding liability.
More7th Circuit remands Section 1983, wrongful death suits
March 20, 2012
Jennifer NelsonThe 7th Circuit Court of Appeals has ordered the trial court to take another look at two cases combined on appeal, which stem
from the death of an inmate at the Elkhart County jail.
MoreParents cannot each recover under policy's underinsured motorist provisions
February 29, 2012
Jennifer NelsonThe parents of a teenager killed in a crash during a drag race cannot recover funds in their individual capacities under their
automobile insurance underinsured motorist provisions, the Indiana Court of Appeals concluded.
MoreChild's disability has no bearing on wrongful death suit filed by adult
December 29, 2011
Jenny MontgomeryA woman who filed a belated wrongful death suit as personal representative for her son’s estate is bound by the two-year
statute of limitations, regardless of the fact that her grandchild has a disability.
MoreJustices: emotional distress actions not barred
December 13, 2011
Jennifer NelsonThe Indiana Supreme Court held Tuesday that separate actions by parents seeking damages for emotional distress from experiencing
the stillbirth of their child are not barred by the Indiana Child Wrongful Death Act or the Indiana Medical Malpractice Act.
MoreDefendants not negligent in father's suicide, murder of daughter
October 20, 2011
Jennifer NelsonA father’s decision to crash a plane his daughter was in – killing them both – superseded any negligence
that may be attributed to his flight instructor or other defendants in a wrongful death action, the Indiana Court of Appeals
held Thursday.
MoreJustices split on recovery of attorney fees under Adult Wrongful Death Statute
June 30, 2011
Jennifer NelsonThe Indiana Supreme Court issued three opinions June 29 dealing with what fees are recoverable under the Adult Wrongful Death
Statute, holding that attorney fees, litigation expenses, and loss of services can be recovered. Chief Justice Randall T.
Shepard and Justice Robert Rucker dissented in each decision, believing that those fees aren’t allowed under the statute.
MoreEstate must be reimbursed for funeral expenses
September 18, 2008
Jennifer NelsonThe Indiana Court of Appeals upheld a trial court's approval of money received in a wrongful death suit of an Indianapolis
attorney to be used to reimburse his estate for funeral and burial expenses.
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Lawyer who emailed nude film clip to harm ex-intern suspended 3 years
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More than half of Conour’s inventoried assets gone, feds say
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Indianapolis law firm Stewart & Irwin closing
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Longest-practicing female attorney in Indiana has no plans to retire
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Criminal code and expungement bills signed by governor
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Lawyer who emailed nude film clip to harm ex-intern suspended 3 years
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Indianapolis law firm Stewart & Irwin closing
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More than half of Conour’s inventoried assets gone, feds say
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SCOTUS rules against Indiana farmer in seed patent case
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Social media sleuths find evidence, but admissibility requires authentication
Court Calendar
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May 22, 2013 Floyd Weddle v. State of Indiana - 5/22/13
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May 24, 2013 Indiana Patient's Compensation Fund v. Judy Holcomb, Personal Representative of the Estate of Mable Louise Cochran, deceased - 5/24/13
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May 28, 2013 The Estate of Richard A. Mayer and Spangler, Jennings & Dougherty, P.C., v. Lax, Inc., and David Lasco - 5/28/13
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June 12, 2013 Northern Assurance Company of America v. Thomson, Inc., et al. - 6/12/13
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vagueness cannot challenged, so let's write all laws vaguely and throw the constitution out the window.Even if the court is operating under a particular law, if they don't it they will change it to their liking. What a joke!!!
Two convictions becomes one conviction with exactly the same sentence, only it is not clear wheter or not that sentence will be 18 months, 120 months or 138 months. Actually if the guns were in a home, whether or not they were his, he is protected under the 2nd amendment. Jurors need to learn the law and the constitution before judging others. The cour5ts need to do this as well.
With all due respect, Rick, I think you probably would be making a mistake by going to law school. The job market for attorneys is so saturated, you may well find yourself unemployed and with a lot of debt. You mention law would be a good supplement to your skills. True. But employers unfortunately don't value that. You will find that a law degree may well pigeonhole you into an attorney slot and limit career options. If you have a good job now I would hold onto that. As an attorney, you may well end up making less with the aforementioned debt.
Jack, I was only responding to bill's comment of tying everybody in government together. I agree with you though, it takes one bad apple to ruin the bunch.. As in any profession. What's truly unfair is when somebody violates someone's trust and takes complete advantage of someone
John’s comment is unfair. The majority of attorneys can be trusted. Unfortunately, all it takes is one greedy, unscrupulous, immoral attorney to jade the public.