No evidence car crash caused by other driver, 7th Circuit rules
The estate of a northern Indiana man who died in an auto accident was unable to convince the 7th Circuit Court of Appeals his death was caused by the negligence of the other driver.
Negligence
Articles
Employee’s auto accident on way home from business meeting not company’s fault
A company whose employee hit and killed another motorist after having dinner and drinks with a client is not liable because the employee was “going and coming” from work when the tragedy occurred, the Indiana Court of Appeals ruled.
Judges affirm attorney fees from State Farm’s ‘groundless’ lawsuit
A car dealership accused of playing a role in a car fire that destroyed four cars and part of a man’s home is entitled to the more than $12,000 in attorney fees awarded to it after State Farm’s negligence lawsuit was dismissed. The Indiana Court of Appeals noted the insurer’s refusal to dismiss the claim despite knowing the dealership was not at fault for the fire.
Judges split over ruling in failed adoption case
A majority on the Indiana Court of Appeals Friday reversed summary judgment in favor of the facilitator of an adoption on a negligence claim brought by the adoptive parents after the baby’s biological father sought and was awarded custody.
Inaccurate drain location data causes city to lose negligence suit
Because the city of Fort Wayne did not provide accurate locations of its drains to a utility company involved in constructing an underground monolith, its negligence suit against the utility company can’t survive summary judgment. An underground drain was damaged during the process, causing flooding in the area.
Lauren Spierer civil suit moves forward
Two of three grounds for a civil lawsuit in the June 2011 disappearance of Indiana University student Lauren Spierer will move forward, a federal judge ruled Tuesday, partially denying a motion to dismiss filed by the two remaining defendants.
Inmate’s negligence suit may continue, court rules
The Indiana Court of Appeals ordered more proceedings on a negligence lawsuit filed by an Indiana Department of Correction inmate after he fell and injured himself. In the decision, the judges also decided that prison operators are subject to liability in much the same manner as other private actors.
Foster child’s claim against health center falls outside Medical Malpractice Act
A Morgan County court erred when it granted Adult and Child Mental Health Center Inc.’s motion to dismiss a lawsuit filed on behalf of a child in foster care who suffered severe brain damage from a near-drowning. The center argued the complaint was subject to the Indiana Medical Malpractice Act.
School corporation sued by attacked students wins on appeal
A student who filed a lawsuit against his school corporation after he was assaulted by a fellow student while a teacher was in the hallway lost his negligence case on appeal Thursday. The Indiana Court of Appeals affirmed summary judgment in favor of the school.
COA clears way for negligence complaint against medical device company
A lawsuit filed against medical device manufacturer Medtronic following the death of a man who had one of the company’s medical devices implanted can continue, the Indiana Court of Appeals ruled Friday. It held the Medical Device Amendments to the Federal Food, Drug and Cosmetics Act does not preempt a family’s negligence claim.
Owners of spooked horse entitled to summary judgment in negligence suit
The Indiana Court of Appeals ruled Thursday that the owners of a horse that trampled a man after getting loose at the Marshall County 4-H Fairgrounds didn’t have reason to know the horse had any dangerous propensities prior to the accident. The court affirmed summary judgment in a negligence lawsuit on the issue.
COA affirms ruling clearing consulting doctor in death case claiming negligence
A trial court properly granted summary judgment to a doctor defending a negligence case brought by the estate of a man who died, the Indiana Court of Appeals ruled Wednesday, finding no doctor-patient relationship existed.
Arbitrator’s unavailability will not stop arbitration from starting
The Indiana Court of Appeals has found an arbitration agreement’s “plain language” trumps a woman’s attempt to stop the alternative dispute resolution process.
Bridge complaint raises questions about governmental immunity
The Indiana Court of Appeals addressed conflicting caselaw about a government’s immunity from liability before siding with the older precedent and ruling that any move to overturn that case should be left to the Indiana Supreme Court.
Justices affirm new trial in estate awarded $41,400 in hotel killing
The Indiana Supreme Court on Wednesday upheld a lower court order for a new trial in a case involving a $41,400 award made to the estate of a man who was killed at a Speedway hotel by a former employee.
For want of $2, negligence claim is untimely
A filing fee that was $2 less than required for a negligence claim in Clark County but was corrected and paid in full after the statute of limitations ran out may not proceed, the Indiana Court of Appeals held Thursday.
Justices revive malpractice suit alleging doctor’s failure to warn patient not to drive
A medical malpractice suit arising from a debilitating head-on automobile crash should not have been disposed of through summary judgment in favor of the doctor, the Indiana Supreme Court ruled Thursday. Justices reversed the order and sent the case back to the trial court.
Inmate loses negligence suit on appeal
The Indiana Court of Appeals affirmed summary judgment for the Adams County sheriff, finding an inmate was unable to make a prima facie case for negligence. The inmate sued after contracting a methicillin-resistant staphylococcus aureus – or MRSA – infection after visiting the hospital.
COA split over reversing summary judgment in slip-and-fall case
The Indiana Court of Appeals was divided Wednesday over whether a Merrillville store failed to preserve its issue of prejudice by opposing summary judgment granted to two companies in a negligence lawsuit filed by a woman who fell on ice in front of the northern Indiana Pier 1 Imports store.
Summary judgment affirmed for casino in collapsing chair suit
The manufacturer of a chair that came down on a patron’s leg as she sat on it appealed the denial of its summary judgment on the woman’s complaint, arguing the northern Indiana casino shouldn’t have been granted summary judgment. The Indiana Court of Appeals affirmed Friday, but ordered more proceedings on Horseshoe Casino’s third-party complaint against Gasser Chair Co.