Drawing the line regarding bystanders
A moped fatality case before the Indiana Supreme Court tests who may press negligent infliction of emotional distress claims.
Negligence
Articles
Judges split over whether to reinstate jury verdict
The Indiana Court of Appeals ordered a jury verdict, tossed out by the trial court in a negligence case stemming from a car accident, reinstated because the judge did not follow Trial Rule 59(J). The dissenting judge believed the trial court should have the opportunity to supplement its order first.
Failure to buckle a seatbelt cannot be used to prove contributory negligence
The city of Fort Wayne will not be able to present evidence at trial that an injured passenger in a traffic accident was not wearing a seatbelt. The Indiana Court of Appeals has ruled that a violation of the state’s Seatbelt Act may not be used to prove contributory negligence.
Anderson Speedway attorney argues against track death lawsuit
Anderson Speedway's attorney has asked a judge to grant summary judgment in a lawsuit accusing the track's owners of negligence in a driver's death in a 2011 crash.
Judge allows woman’s suit over jail miscarriage to proceed
A federal judge has ruled that a northern Indiana woman can proceed with her lawsuit alleging negligence in a miscarriage she suffered while in custody.
COA affirms new trial on motorcyclist’s negligence claim
A trial court did not abuse its discretion when it set aside a jury verdict allocating 70 percent of fault to a motorcyclist who hit a dog that darted in front of his bike, the Indiana Court of Appeals ruled. The motorcyclist was injured in the accident and sued the dog’s owners.
High court makes it easier to sue government for negligence
The Supreme Court of the United States on Wednesday made it easier for people to sue the federal government for negligence, in a decision that could affect military veterans with claims of medical malpractice.
A killing in community corrections
Alan E. Cain drove on a forfeited license in March 2013, a probation violation that landed him in an Indianapolis work-release program. Sixteen days later, he was dead.
Woman may pursue negligence claim against pharmacist
The Indiana Court of Appeals sidestepped the question of whether a previous decision is valid when determining that a woman who brought a medical malpractice claim against a hospital can pursue a negligence claim against the hospital’s pharmacist. The plaintiff did not present that negligence claim before the medical review panel.
Lease doesn’t bar dentist’s slip-and-fall suit against landlord
A dentist who slipped and fell on a patch of ice outside his office may pursue a negligence and personal-injury lawsuit against his professional corporation’s landlord, the Court of Appeals affirmed Tuesday.
Counterclaims against bank dismissed for failure to state actionable claim
The Indiana Court of Appeals affirmed the decision to dismiss a woman’s counterclaims against her mortgage holder after it sought to foreclose on her home. None of her claims, which stemmed from the denial of modifying her mortgage under a new program, stated an actionable claim.
Man fails to prove Supreme Court would rule against established caselaw
The 7th Circuit Court of Appeals affirmed the grant of an insurance adjuster’s motion to dismiss it from an injured man’s lawsuit alleging negligence in how it handled his case. The judges pointed out that the Indiana Court of Appeals has held that an insurance adjuster owes no legal duty to the insured and the plaintiff didn’t show that the Indiana Supreme Court would disagree with that decision.
COA reverses summary judgment in personal injury claim, abandons volunteer doctrine
A negligence case involving a Terre Haute HVAC business and a man injured while helping move a furnace will move forward now that the Indiana Court of Appeals has reversed summary judgment in favor of the company.
7th Circuit: Jury correctly ruled in favor of gas station in personal injury suit
The District Court properly excluded an ordinance a woman sought to introduce at trial to bolster her case that a gas station should be liable for her injuries sustained after she fell off a curb walking around a display outside the gas station store, the 7th Circuit Court of Appeals ruled Tuesday.
Split COA orders trial for woman injured measuring countertop
A divided Indiana Court of Appeals on Wednesday concluded summary judgment was not proper for a home improvement business on a woman’s negligence claim. The customer was injured when a granite countertop propped up outside of the business fell on her foot while she was measuring it.
COA affirms South Dakota law applies to personal injury case
A Marion Superior Court did not err when it decided that the location of an accident involving a drowsy driver – South Dakota – should be the applicable law in a case brought in Indiana.
Court orders more proceedings on injured subcontractor’s negligence lawsuit
Finding genuine issues of material fact exist in a negligence lawsuit as to the general contractor’s role in a subcontractor’s injury, the Indiana Court of Appeals reversed summary judgment and ordered further proceedings.
Lawsuit filed over bus crash near Indianapolis
Four people who were on board a double-decker passenger bus that crashed near Indianapolis are suing the bus company.
Second suit filed over Wal-Mart PCB contamination
A second lawsuit has been filed as a result of toxic contamination discovered at an Indianapolis Wal-Mart return center.
Lawsuit filed against Wal-Mart after PCB found at Indy facility
A proposed class-action lawsuit alleges Wal-Mart and its corporate entities were negligent after PCB was found at a returns facility located in Indianapolis.