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.
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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.
Hospital indemnity claim against doctors subject to med-mal act, COA rules
Indemnity claims brought by one health care provider against another are subject to the Indiana Medical Malpractice Act, the Indiana Court of Appeals ruled Tuesday, finding the language of the MMA is not limited to claims brought by patients or their representatives. The court issued its ruling in a case involving a dispute between a hospital and independent radiologists.
Over Thomas’ dissent, SCOTUS rejects West Point rape appeal
The U.S. Supreme Court on Monday rejected an appeal from a woman who says she was raped as a West Point cadet, with Justice Clarence Thomas alone arguing that the court should have heard her case.
COA: No duty owed to couple struck by drunk driver in grocery store parking lot
A Sullivan County grocery store’s landlord had no duty to protect a couple from being struck by a drunk driver on its premises, the Indiana Court of Appeals concluded in a Monday decision.
Evolving law addresses coverage after hack
In what one justice described as an “emerging area of law,” the Indiana Supreme Court recently issued an opinion that insurance lawyers say provides, for the first time, concrete guidance in Indiana on how far computer fraud insurance can extend against hacks.
Store managers not involved in customer injuries not liable for negligence, justices rule
In answering a certified question from a federal judge, the Indiana Supreme Court held Wednesday that store managers who are not directly involved in a patron’s injury on store property cannot be held liable for negligence under Indiana law.
DTCI: Providing Instructions Under the IPLA
The Indiana Product Liability Act (IPLA) can prove confusing for litigants unfamiliar with its many nuances. While the burden of proving duty, breach, causation, and damages rests with the plaintiff in a civil action, in practice, defense attorneys are often tasked with extricating a defendant that has no duty of care with respect to the specific claims brought against it.
Caesars puts pandemic losses at $2B, wants insurers to pay
Casino giant Caesars Entertainment Inc. is putting its losses because of the coronavirus pandemic in 2020 at more than $2 billion, and is suing a long list of insurance carriers it accuses of balking at paying its business interruption costs at its casinos in Indiana and across the nation.
Lawmakers press Big Tech CEOs on speech responsibility
The CEOs of tech giants Facebook, Twitter and Google faced a grilling Thursday in Congress as lawmakers tried to draw them into acknowledging their companies’ roles in fueling the January insurrection at the U.S. Capitol and rising COVID-19 vaccine misinformation.
Justices remand insurance dispute over ransomware attack coverage
Neither an insurer nor a claimant was entitled to summary judgment in a dispute over coverage of a ransomware attack, the Indiana Supreme Court has ruled, sending the case back to the trial court.
Governor signs bill for Indiana COVID-19 lawsuit shield
Indiana businesses and others now have broad protections from lawsuits by people blaming them for contracting COVID-19 under a new state law signed by Gov. Eric Holcomb.
COVID-19 lawsuit immunity bill heads to Holcomb
Legislation that aims to protect businesses from COVID-19-related lawsuits is heading to Gov. Eric Holcomb’s desk.
On Parkland massacre anniversary, Biden calls for tougher gun laws
President Joe Biden joined a Florida community Sunday in remembering the 17 lives lost three years ago in the Parkland school shooting massacre.