Reversal: Trial court erred in rescinding settlement
The Indiana Court of Appeals reversed a trial court’s rescission of an order it gave enforcing a settlement agreement in a negligence suit. The appellate panel found the order contradicted itself.
Negligence
Articles
COA reinstates nurse’s negligence claim against hospital
A woman suing a hospital for negligence after falling on property it owned successfully won over an appellate panel that found the hospital failed to designate sufficient evidence to affirmatively negate her claims.
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.
Judgment for grocery store affirmed in fatal shooting
The estate of a woman slain by a gunman in an Elkhart grocery store failed on appeal Thursday to reverse a ruling that the grocery store owed no duty to the woman because the shooting was not reasonably foreseeable.
Lawsuit: Elkhart shares responsibility for crash that killed 3
A lawsuit says the northern Indiana city of Elkhart shares responsibility for a crash that killed two children and a man who were walking along a sidewalk.
Headbutting ram’s owner must face premises liability claim, COA rules
A woman who was headbutted by a ram while tending to another woman's animals can continue to pursue her premises liability claim against the ram’s owner, the Indiana Court of Appeals has ruled.
COA: Stolen gun’s owner shielded from suit in fatal shooting
The Indiana Court of Appeals denied a mother’s argument of negligence against a gun owner whose stolen handgun caused the death of her son. The appellate court found the gun owner was shielded from liability under Indiana Code section 34-30-20-1.
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.
Terre Haute denied summary judgment on ex-employee’s retaliation, negligence claims
A man who claims he was fired from his employment with the city of Terre Haute for defending a co-worker partially defeated a motion for summary judgment, with a judge finding the man’s claims of negligent supervision and retaliation under the Americans with Disabilities Act can proceed.
Noblesville school shooter’s parents deny responsibility
The parents of a 13-year-old boy who opened fire in a Noblesville West Middle School classroom last year say they could not foresee his actions and deny any responsibility for them.
COA: Hardware store had no duty to shocked customer
A Crawfordsville hardware store that rented an aerial lift to a man who ultimately used it too close to some power lines did not have any duty to provide additional warnings, the Indiana Court of Appeals has ruled.
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.
COA: Sports bar owed duty to man punched by drunk patron
A Lake County sports bar lost its appeal against a patron suing for personal injury when the Indiana Court of Appeals found it was foreseeable to the bar that one of its drunk patron’s was looking for a fight.
COA rules for providers on malpractice, negligence claims
The Indiana Court of Appeals ruled in favor of several medical providers it found were entitled to summary judgment on claims of medical malpractice and negligence raised by a former patient.
Lawyers face scooter liability confusion; bill seeks regulations
As scooter accidents mount, liability has become a significant issue for lawyers representing clients involved in crashes, and at least one lawmaker has proposed statewide regulations.
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.
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.
Wrongful death suit reinstated in IPS student’s murder
The Indiana Court of Appeals reinstated a wrongful death lawsuit against Indianapolis Public Schools when it found genuine issues of material fact as to Arlington Community High School’s duty to supervise its students after a teen’s murder nearby.
COA: Negligence claim rightly denied in fatal heart attack wreck
The Indiana Court of Appeals affirmed the grant of summary judgment to a man’s estate in a negligence lawsuit, finding his incapacity to drive due to a heart attack was not reasonably foreseeable.
Woman who severed finger on the job must seek redress via Worker’s Compensation Act
A woman whose finger was severed in an accident at an Elkhart County assembly plant must seek relief via the Indiana Worker’s Compensation Act after the Indiana Court of Appeals affirmed the dismissal of her negligence complaint against the company she worked for at the time of the injury.