Articles

Defendants seek dismissal of Richmond wrongful fire death lawsuit

Defendants in a wrongful death lawsuit following a November fire that left two people dead and several others injured in eastern Indiana are asking for the case to be dismissed. Interfaith Housing Corp., Justus Property Management and others responded to the lawsuit over the death of 56-year-old Richard Wilkinson that was filed by his son, arguing the lawsuit doesn’t detail alleged negligence that led to Wilkinson’s death.

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Judgment against casino as discovery sanction affirmed

Finding a Lake Superior judge properly ordered summary judgment against a casino as a sanction for dragging its feet on discovery in an elderly man’s negligence complaint filed after a fall, the Indiana Court of Appeals affirmed and sent the case back to determine the man’s damages.

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Taco food truck explosion not foreseeable, divided COA says

A man injured while waiting for his taco lunch lost his appeal that he was owed a duty of care from a salvage yard, with a majority of an Indiana Court of Appeals panel finding a food truck explosion at the salvage yard was not reasonably foreseeable.

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Split COA relieves defendant from default despite inexcusable neglect

The defendant in a workplace injury lawsuit was properly relieved from a default judgment against it despite the defense’s inexcusable neglect, a panel of the Indiana Court of Appeals ruled. A dissenting judge, however, warned the majority’s decision could result in litigants performing “end runs” around excusable neglect rules.

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Justices take 2 cases, deny 18, split over 2

Indiana Supreme Court Justices granted transfer in two cases last week concerning a father convicted of killing his infant daughter with a pillow and a piecemeal child in need of services adjudication.

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Questions in med-mal case bring 7th Circuit reversal

A Fort Wayne medical malpractice insurance company got a reprieve from having to cover a multi-million verdict in a wrongful death lawsuit after the 7th Circuit Court of Appeals reversed the grant of summary judgment, finding too many questions are unanswered.

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