Fight over Knightstown demolition sent back to trial court
A man who owns a building on Knightstown’s Main Street can proceed with his lawsuit after the town lost some rulings in its favor on interlocutory appeal.
Negligence
Articles
Justices rule against woman injured by karate kick
A woman who sued a karate classmate when she was injured by his jump-kick cannot prove recklessness, the Indiana Supreme Court ruled Thursday, extending its jurisprudence applied to torts arising from sports injuries.
Statute of limitations bars medical negligence case
After a dermatology appointment left a Marion County woman with facial discoloration that never went away as her doctor said it would, the woman sought damages in a negligence complaint. However, because she failed to prove that she “later learned” that her injury was worse than she thought, the Indiana Court of Appeals held that the woman’s claim cannot proceed in court because it was not timely filed.
Trial court erred in granting new trial in electrocution estate dispute
A trial court erred in ordering a new trial after a jury returned a general verdict in favor of the estate of an electrician who wired a barn where a teenager was electrocuted in 2010, the Indiana Court of Appeals ruled Wednesday.
COA considers liability in sheriff’s office suicide case
After the wife of a Harrison County sheriff’s deputy killed herself with her husband’s gun while he was off duty, the sheriff’s office and her estate began debating a single question: was the deputy acting in the line of duty when his wife committed suicide?
IU fraternity chapter suspended after hazing problems
The governing body of Delta Tau Delta has suspended the charter for the fraternity's chapter at Indiana University Bloomington following problems with hazing. The fraternity also faces a lawsuit alleging sexual assault.
COA: Court properly denied motion to set aside default judgment
A company being sued for negligence failed to convince the Indiana Court of Appeals that the default judgment entered against it in the matter should be overturned.
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.
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.