Strict liability not applicable in quarry blast case, COA affirms
Strict liability isn’t the applicable standard in a case involving a blasting company whose work caused damage at a limestone quarry, the Court of Appeals of Indiana has affirmed.
Liability
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Construction defects, though common, rarely rise to personal harm for end users
Although it’s a common occurrence for construction workers to be injured on the job, how often do contractors fail to follow safety regulations that result in potential personal harm to the end user?
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Interrupted coverage: In tangle over insurance terms, businesses’ and nonprofits’ COVID interruption claims being denied
Since the COVID-19 public health emergency began in March 2020, businesses and nonprofits nationwide have had business interruption claims denied. The COVID Coverage Litigation Tracker at the University of Pennsylvania Carey Law School reported 1,099 federal lawsuits seeking insurance coverage because of the pandemic had been filed as of Jan. 25. To date, courts have granted insurers’ motions to dismiss in 147 cases and insurers motions for summary judgment in seven lawsuits, according to CCLT. Policyholders have scored a few victories with the courts denying the motions to dismiss in 29 lawsuits and granting the plaintiffs’ motions for summary judgment in five cases.
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Indiana House approves COVID-19 liability protection bill
The Indiana House has approved legislation that would protect businesses from COVID-19-related lawsuits. The measure slightly differs from a liability protection measure passed last week by the state Senate.
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Family sues nursing home after father’s death during pandemic
Hoosier Ken Burgin is honoring his late father, Kenneth “Butch” Burgin, by advocating on his behalf after Butch’s unexpected death just two months after becoming a resident at an Owen County nursing home last year.
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Articles
Indiana resident suing Fitbit for faulty battery that caused burns
An Indianapolis woman is suing the maker of the Fitbit smart watch, alleging a defect in her watch’s battery caused it to overheat and gave her thermal burns.
Jury finds Trump liable for sexual abuse, awards accuser $5M
A jury found Donald Trump liable Tuesday for sexually abusing advice columnist E. Jean Carroll in 1996, awarding her $5 million in a judgment that could haunt the former president as he campaigns to regain the White House.
Owner of defunct Charlestown zoo featured in ‘Tiger King’ loses liability appeal
The owner of a now-defunct southern Indiana roadside zoo featured in Netflix’s “Tiger King” is liable for the funds he misappropriated from the zoo’s underlying nonprofit, the Court of Appeals of Indiana has affirmed.
Supreme Court seems to favor tech giants in terror case
The U.S. Supreme Court seemed skeptical Wednesday of a lawsuit trying to hold social media companies responsible for a terrorist attack at a Turkish nightclub that killed 39 people.
Indy jury: NCAA not liable in ex-Grand Valley quarterback’s death
An Indiana jury has found the NCAA not liable in the death of a former Grand Valley State quarterback whose widow accused the college sports governing body of failing to warn college athletes about the risks of head injuries while playing football.
COA reverses summary judgment over questions of employment status of deceased driver
A fatal 2017 traffic accident is headed back to the trial court after the Court of Appeals of Indiana found too many questions remain as to whether the driver alleged to have caused the collision was as an employee or contractor during the crash.
Polak and Metzger: Personal liability for intellectual property infringement
Corporate officers are often under the mistaken belief that the corporate veil will protect them from individual liability for intellectual property infringement. While that generally can be true, it is not without exceptions.
COA: Contractor not liable for worker’s slip and fall
A construction worker who slipped and fell while trying to step from a ladder onto a scaffolding platform was unable to regain his footing before the Court of Appeals of Indiana, which found the contractor’s focus on safety did not indicate a duty of care.
COA upholds dismissal of trucking company’s suit against employee in deadly crash
A Kentucky trucking company whose employee died in a fiery explosion while driving through Indiana cannot bring back to life its suit against the man and his wife, who was also in the crash, the Court of Appeals of Indiana has ruled.
Amended original judgment affirmed by COA in sewage leak case
The Court of Appeals of Indiana has again ruled in a messy sewage case concerning proceedings supplemental between a retail property owner and an association of property owners, affirming granted motions for the association and an amendment of the original judgment.
In 1st impression case, IN justices extend independent physician liability to nonhospitals
The Indiana Supreme Court issued a reversal in a case of first impression Thursday, finding that independent physician liability extends to nonhospital facilities that provide patients with health care.
Judge: Elkhart not immune to claims in fatal crash suit
A northern Indiana city is not immune to claims raised by a lawsuit alleging that it shares responsibility for a hit-and-run crash that killed two children and a man, a judge has ruled.
7th Circuit upholds dismissal of trailer company’s suit against insurer
A trailer company’s lawsuit brought against its insurer after the company was sued by a competitor for a breach of contract was properly dismissed, the 7th Circuit Court of Appeals has affirmed.
Supreme Court adopts Savage rule, finds Celadon not liable for driver injury
In a case of first impression, a split Indiana Supreme Court adopted the Savage rule in finding that Celadon Group was not liable for injuries a truck driver sustained when he opened the doors of a trailer and a load of “used, oily trays” fell on him.
COA reverses summary judgment for defendants in teen shooting accident, cites contemporaneous writing rule
A young man who was shot and seriously injured while working on a southern Indiana farm and then signed a series of releases protecting the defendants from liability in exchange for $5,000 will get a new day in court after the Indiana Court of Appeals overturned a grant of summary judgment.
DTCI: Premises liability for foreseeability of third-party harm
Indiana courts approach landowner liability cases by taking a broad approach to the type of plaintiff injured and the type of harm suffered. This avoids making landowners act as insurers to their patrons when the acts of third parties are involved. Yet the caselaw has not always been so clear.
Critics say Indiana COVID-19 law allows nursing home neglect
Advocates for nursing home residents say they worry a new Indiana law expanding COVID-19 liability protections for health care providers will effectively block many lawsuits over neglect and substandard treatment that weren’t caused by the pandemic.
Indianapolis-area employers reluctant to require employee vaccinations
Around central Indiana, employers are offering plenty of incentives to encourage their workers to get vaccinations as part of an effort to keep their office towers, stores, warehouses and factory floors safe for co-workers and visitors. But few, if any, are requiring workers to get vaccinated.
Insurance covers in wrongful death truck crash, COA rules
An endorsement to an insurance policy providing coverage for vehicles not specifically listed in the policy applied to a wrongful death dispute involving a trucker, the Indiana Court of Appeals has ruled.