Survivor of duck boat sinking urges ban on such crafts
An Indiana woman whose husband and three children died when a duck boat sank last month in Missouri said Tuesday she hopes to save lives by backing an effort to ban the amphibious tourist boats.
Negligence
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Jury awards $289M to man who blames Roundup for cancer
A San Francisco jury’s $289 million award to a former school groundskeeper who said Monsanto’s Roundup left him dying of cancer will bolster thousands of pending cases and open the door for countless people who blame their suffering on the weed killer, the man’s lawyers said.
Malpractice verdict for doctor, barring of late expert witness affirmed
The Indiana Court of Appeals affirmed a jury verdict in favor of a doctor sued for malpractice after a patient died, finding the trial court didn’t err in limiting the plaintiff’s evidence.
Food services company sues closed Indiana college
A private college in Rensselaer that closed last year is being sued by a food service company that alleges administrators concealed the school’s dire financial situation. The company said it wouldn’t have paid for renovations at St. Joseph College had it known of the school’s fiscal problems.
Missouri opens criminal probe into deadly boat sinking
The Missouri attorney general's office says it has opened a criminal investigation into the circumstances of the tourist boat that sank on a Missouri lake, killing 17 people, including nine members of an Indianapolis family.
Bank not liable for more than $500,000 of forged checks
Two companies that were embezzled out of a half-million dollars sued the bank that processed more than 100 forged checks but couldn’t prove negligence to the Indiana Court of Appeals.
Floyd County officials reach tentative settlement in jail death
A sheriff’s department in southern Indiana has reached a tentative settlement with the father of a woman who died in detention.
COA affirms $4.8 million prejudgment interest award after $32 million verdict
The guardianship of a woman that previously received a $32.5 million jury verdict will also receive $4.8 million in prejudgment interest after the Indiana Court of Appeals found no error in the grant of the prejudgment interest award.
Judge rules against IU frat in sexual assault negligence case
A fraternity that knows or should know about prior sexual assault allegations against a member has a duty to protect social guests from sexual assault by that member, a district court judge ruled Wednesday. The ruling comes in a case involving a complaint against an Indiana fraternity accused of not protecting guests from one of its members.
Slain woman’s parents reach settlement in insurance suit
The parents of a northwestern Indiana woman who was fatally shot in 2011 have reached a settlement with an insurance company over damages in connection with the man convicted in her killing.
Mediation halts negligence insurance question in murder
The Indiana Supreme Court is no longer tasked with providing clarification on two conflicting rulings related to insurance coverage for parties accused of acting negligently when a co-insured is accused of acting intentionally or criminally, now that the parties to the underlying case have submitted the case for mediation.
Family of woman who had reaction to scan dye wins $29.5M
A jury in Orange City, Iowa, has awarded $29.5 million to the family of a northwest Iowa woman who died after she had an allergic reaction to a dye she was given for a medical scan.
Foreseeability rulings change negligence analyses in premises liability cases
In just 30 pages, the Indiana Supreme Court “redrew (Indiana’s) premises liability landscape,” an appellate court judge recently noted. The October 2016 rulings redefined the parameters courts — not juries — must use when determining whether the harm alleged in a negligence case was was foreseeable, giving rise to a duty.
Appeals court hears suit from owner of dog killed by DNR trap
While walking her dogs through Versailles State Park one unseasonably warm afternoon in December 2011, Melodie Liddle heard her 9-year-old beagle, Copper, yelping after becoming caught in a hidden raccoon trap. The Court of Appeals is weighing the state’s liability in the case and whether Liddle’s complaint is time-barred.
7th Circuit affirms ruling for maker in IUD liability case
The 7th Circuit Court of Appeals ruled against a woman suing a company for product liability after a piece of her implanted birth control device broke during its removal and was left inside her uterus. The decision upheld a ruling for the device maker in federal district court.
Judgment for podiatrist who failed to keep records affirmed
The Indiana Court of Appeals has affirmed summary judgment for a podiatrist facing a medical malpractice claim, but opined that his failure to keep adequate medical records should have been grounds to allow the claim against him to continue.
Appellate court allows child molest negligence case to proceed against grandmother
A grandmother must face a negligence claim filed by her daughter and her granddaughter after the Indiana Court of Appeals found issues of fact as to whether the grandmother negligently allowed her grandchild to be molested by her husband, who she knew had a previous child molesting conviction.
COA allows negligence case against Steak ‘n Shake to proceed
A negligence case against an Indiana Steak ‘n Shake restaurant will proceed to trial after the Indiana Court of Appeals determined the restaurant owed a duty to protect one of its patrons from a third-party injury, making summary judgment inappropriate.
White ex-basketball coach’s reverse discrimination suit may proceed
A federal judge ruled Tuesday that a former coach of a South Bend high school basketball powerhouse who claimed he was forced out because he was white may proceed with a discrimination suit against the school corporation.
Justices take certified question on coverage of ‘negligent’ insureds
The Indiana Supreme Court will provide clarification on two conflicting rulings related to insurance coverage for parties accused of acting negligently when a co-insured is accused of acting intentionally or criminally.