COA says golf cart use is par for the course during the game
A man’s negligence claim against a golf teammate who struck the back of his golf cart cannot succeed because driving a golf cart is normal behavior for participants in the sport.
Negligence
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Jury awards more than $70M to woman in baby powder lawsuit
A St. Louis jury on Thursday awarded a California woman more than $70 million in her lawsuit alleging that years of using Johnson & Johnson's baby powder caused her cancer, the latest case raising concerns about the health ramifications of extended talcum powder use.
7th Circuit affirms jury verdict in injured railroad worker’s suit
A jury correctly ruled against an employee of the railroad company CSX Transportation Inc. who sued his employer after an on-the-job accident that resulted in severe back pain, citing evidence that proved the pain existed before the accident, the 7th Circuit Court of Appeals decided Thursday.
Homeowner can be liable for party injuries resulting in death, but not for furnishing alcohol
The Indiana Supreme Court held Wednesday that a woman whose party guest died at her home after a drunken brawl could be considered negligent because she did not seek care for the guest, but not on the basis of supplying alcohol to the men involved in the fight.
IN Supreme Court holds that bar shooting was not foreseeable
After deciding that foreseeability in the context of duty in a negligence case is different than in the context of proximate cause, the Indiana Supreme Court held Wednesday that a Grant County bar was not negligent in a shooting that injured three people because the shooting was not foreseeable.
COA: Hotel did not conspire to commit theft from guests’ room
The Indiana Court of Appeals decided Wednesday that an Evansville hotel cannot be considered negligent after its employees allowed a man into a guest room without the guests’ permission, resulting in the theft of the guests’ personal property.
COA finds electrician can sue companies after mesothelioma diagnosis
The Indiana Court of Appeals held Wednesday that an electrician can sue the companies where he previously worked as an independent contractor for negligence and liability after he was exposed to asbestos.
COA rules that negligent hiring claim against Pizza Hut can proceed
A negligent hiring claim against Pizza Hut can continue to move through Jefferson Circuit Court after the Indiana Court of Appeals found Tuesday that the trial court erred when it granted summary judgment in favor of the pizza chain.
Justices take case on DCS caller confidentiality
The Indiana Supreme Court will decide whether the Indiana Department of Child Services may be sued for failing to maintain the confidentiality of a caller who reported suspected child neglect.
Company barred from mentioning standard in negligence case
A company being sued for negligent design by a man who fell out of its utility truck bucket and became paralyzed may not mention a specific design standard at a new trial on the issue, the Indiana Court of Appeals ruled Monday.
COA: No error in admitting post-accident reports at negligence trial
Dealing with the question for the first time in a negligence case involving a fired truck driver, the Indiana Court of Appeals decided that a post-incident investigation is not an inadmissible subsequent remedial measure.
On rehearing, judges find investigator’s photos admissible
The Indiana Court of Appeals granted rehearing to a case involving a lawsuit brought by a man injured by a sheriff deputy’s vehicle while he walked along the side of the road. The divided court held certain evidence, including an investigator’s affidavit and photos, are admissible at trial.
COA: Lack of warning signs reinstates suit in fatal crash
The Indiana Court of Appeals found the Hancock County Board of Commissioners was not liable for the way an intersection was designed but found there was an issue of material fact as to whether the county should have installed warning signs there. A man was killed at the intersection in 2009 in a crash with another vehicle, triggering a lawsuit.
Handcuff injury claim against Alexandria officers proceeds
A man who claims he was injured after he asked Alexandria police not to handcuff him during a compliant arrest because he’d had recent rotator cuff surgery that limited his shoulder mobility may proceed with a federal lawsuit against the officers, a judge ruled Wednesday.
Shot officer’s suit against gun dealer splits COA
An Indianapolis Metropolitan Police Department Officer who was shot and wounded by a suspect he killed returning fire may proceed with his lawsuit against a gun dealer that sold the gun to a straw purchaser, the Indiana Court of Appeals ruled Thursday. The officer’s case is supported by law enforcement and public policy organizations.
Justices take 3 new cases, split on others
The Indiana Supreme Court approved transfer to three cases last week involving duties of social hosts, compensation for teachers’ ancillary duties and jury instructions in a drunken-driving case. Justices were split 3-2 on four other petitions for transfer.
Plaintiff failed to prove injury caused by crane lessor
A man severely injured at work by a crane failed to prove that a company breached a duty to inspect a certain part of a crane before delivering it to the renter for use, and that the alleged breach was the proximate cause of the injury, the 7th Circuit Court of Appeals ruled Wednesday.
COA affirms negligence action barred against woman’s employer
An employee who received workers’ compensation benefits for her injury on work property is barred by the Workers’ Compensation Act from filing a negligence lawsuit against her employer and its subsidiaries, the Indiana Court of Appeals affirmed Wednesday.
State Fair invoices do not retroactively indemnify company in stage collapse
The terms on invoices from the company contracted to provide equipment for concerts at the State Fair do not imply retroactive indemnification for the company after the 2011 stage collapse, the Indiana Supreme Court held Thursday in a matter of first impression.
COA: Causation questions remain in med-mal suit
A woman initially treated for an aggressive form of cancer, only to later discover she was suffering from a far-less serious form of the disease, can proceed with her lawsuit against a doctor she alleges was negligent in catching her cancer early.