Indiana couple sues Uber over fatal fight with Kentucky driver
An Indiana couple is suing Uber over a fatal fight with a Kentucky driver they say pulled a gun on them last summer.
Negligence
Articles
Justices reject wrongful death claims against IPS in student’s murder
The estate of a murdered teenage boy could not convince the Indiana Supreme Court that his school was negligent for his death. Instead, justices found the estate’s claims to be barred under contributory negligence law.
COA affirms wrongful death rulings against cystic fibrosis patient
Judgments in favor of a hospital, insurance company and ambulance provider were affirmed Thursday in a wrongful death suit brought by a cystic fibrosis patient’s late husband. The woman died from pneumonia after a prolonged ambulance ride toward a lung transplant that ended up at the wrong hospital.
Father of Indiana teen killed in pursuit crash sues police
The father of a 15-year-old boy who was killed in a car crash during a police pursuit is suing two police departments and an officer, alleging that “careless and negligent acts” on their part led directly to his son’s death.
COA: Claim of man killed by kick falls under Medical Malpractice Act
A man’s estate could not convince an appellate panel that a psychiatric center where he was staying was liable for his death based on the theory of premises liability after he died from injuries sustained after he was kicked by an employee.
Real estate company sues law firm over HHGregg property deal gone awry
A Carmel-based real estate company has filed a lawsuit against Krieg DeVault, alleging the Indianapolis-based law firm’s failure to file a property deed in 2003 in a transaction involving defunct retailer HHGregg could now cost the real estate company millions of dollars.
New trial ordered in suit over deadly propane explosion
An appellate panel has ordered a new trial in a negligence case arising after a propane tank explosion killed two people in Clinton County. The Indiana Court of Appeals ruled that admission of a verbatim hearsay opinion read into evidence by a defense expert witness was prejudicial to the deceased couple’s estate.
Reversal: Insufficient evidence to support termination of mother’s rights
A mother’s efforts to get her life back on track and reunite with her daughter were recognized by the Indiana Court of Appeals on Friday, which reversed an order terminating the mother’s parent-child relationship for insufficient evidence.
$240K in damages upheld in Golden Corral food poisoning
An award of damages has been upheld for a woman who alleged negligence against a Golden Corral restaurant after she consumed undercooked chicken wings from its buffet that resulted in food poisoning and injuries requiring multiple surgeries.
Reversal: Insurance company has no duty to indemnify homeowner after child’s accident
An insurance company will not have to defend a man being sued for negligence after a toddler was injured on his property because the toddler was exempt from coverage under the man’s insurance policy, the Indiana Court of Appeals has ruled.
Ruling for car dealership upheld, but COA chides defense
Judgment will stand for an Indianapolis car dealership that serviced an airbag that later did not deploy in a crash that seriously injured a driver, but an appellate panel took a swipe at how the prevailing argument had been presented.
Neighbors ask for rehearing on Right to Farm Act dispute
Supporters and opponents are mobilizing after the neighbors of an 8,000-hog farm in Hendricks County asked the Indiana Court of Appeals to reconsider its earlier ruling that found their nuisance claim based on the “noxious odors” from the farming operation was barred under Indiana’s Right to Farm Act.
Gary’s gun lawsuit gets revived with COA ruling
Nearly 20 years after it was originally filed, the city of Gary’s lawsuit against firearm manufacturers and dealers is again moving forward after being revived for a third time on appeal, this time focusing on potential unlawful conduct.
Judgment for INDOT upheld in fatal crash litigation
Even though the Indiana Department of Transportation declined to install a traffic signal at a Tippecanoe County intersection where a deadly crash later occurred, the Indiana Court of Appeals has upheld summary judgment for the department, finding it was immune from liability under the Indiana Tort Claims Act.
Gary lawsuit against gun makers may proceed, COA rules
A unanimous appellate panel has revived the city of Gary’s lawsuit against 10 handgun manufacturers, enabling the municipality to survive the Indiana General Assembly’s attempt to derail the legal action by amending the state’s Immunity Statute in 2015.
Supreme Court sends dispute over Fosamax back to lower court
The Supreme Court is sending a dispute between drugmaker Merck and patients who used its bone-strengthening drug Fosamax back to a lower court.
Man’s failure to wear hardhat didn’t cause tree cutting injury, 7th Circuit rules
A man who was nearly killed in a tree cutting accident successfully appealed his negligence claims to the 7th Circuit Court of Appeals, which found error with the admission of evidence that he was not wearing certain safety equipment at the time of the incident.
Reversal: Sporting goods store not liable in angry woman’s shooting of boyfriend
A man who brought negligence claims against a sporting goods store that he alleged unlawfully sold a firearm to his girlfriend, who later shot him with it, cannot continue with his complaint after the Indiana Court of Appeals found the store was immune from liability.
Appellate court: Bar owed duty to patron injured in parking lot fight
A Lake County sports bar should have contemplated that rowdy behavior might take place outside the facility at closing time, the Indiana Court of Appeals ruled Tuesday, finding the bar failed to prove it had no duty to protect a patron who was seriously injured in such a fight.
Neighbors’ Right-to Farm Act constitutional challenge fails
A constitutional challenge to Indiana’s Right To Farm Act was tossed by the Indiana Court of Appeals, rejecting neighbors’ claims that an 8,000-hog concentrated animal feeding operation has deprived them of their long-vested property rights.