COA reverses summary judgment in moldy building dispute
A negligence and breach complaint related to a mold-infested building can continue after the Court of Appeals of Indiana reversed the entry of summary judgment.
Negligence
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Denial of motion to compel cellphone evidence wasn’t error, COA affirms
A trial court did not err in denying a pedestrian’s motion to compel cellphone evidence in his suit against the woman who struck him with her car, the Court of Appeals of Indiana affirmed Tuesday.
Bar fight wasn’t foreseeable, COA rules in reversal
A Muncie bar fight was not foreseeable, the Court of Appeals of Indiana has ruled in reversing the denial of summary judgment to the bar’s current and former owner.
Jury instructions, verdict not erroneous in car crash negligence case, COA affirms
A motorist whose vehicle was rear-ended proved negligence on the other driver’s part but was also partially at fault, the Court of Appeals of Indiana affirmed Tuesday, also upholding the jury instructions.
IN justices grant transfer in 2 cases, deny case that split COA over new double jeopardy rules
Indiana Supreme Court justices granted transfer to two cases last week, including one involving a woman who sued a Red Lobster restaurant for negligence after tripping on an unmarked elevated portion of the restaurant’s floor.
Fort Wayne files lawsuit against Hyundai, Kia after 289% increase in thefts in 2022
The city of Fort Wayne has joined a host of other cities from around the country suing the manufacturers of Hyundai and Kia vehicles, alleging the companies have neglected anti-theft technology and in turn created a public safety problem.
State not entitled to ITCA immunity in case of woman injured on redesigned highway, COA affirms
The state of Indiana isn’t entitled to immunity in a case involving a woman who was paralyzed after stopping at the scene of an accident on a highway, the Court of Appeals of Indiana has affirmed.
Strict liability not applicable in quarry blast case, COA affirms
Strict liability isn’t the applicable standard in a case involving a blasting company whose work caused damage at a limestone quarry, the Court of Appeals of Indiana has affirmed.
COA reverses summary judgment, allows negligence claim against Chinese restaurant to continue
A man who sued a Chinese restaurant after he slipped on what appeared to be grease can pursue his negligence claim after the Court of Appeals of Indiana reversed the grant of summary judgment to the restaurant.
Fencing company failed to answer complaint because of excusable neglect, COA rules in reversal
It was reasonable for a fencing company that was being sued to believe its insurer would know about and handle the complaint, a split Court of Appeals of Indiana has ruled in reversing a lower court’s decision.
‘Profits over public safety’: Indianapolis files suit against Kia, Hyundai for shoddy anti-theft features
Indianapolis has joined other cities in suing Kia and Hyundai, accusing the automakers of cutting costs by forgoing security features, which has led to an increase in thefts.
Family of pregnant woman killed by speeding officer loses 7th Circuit appeal
A district court correctly dismissed a complaint alleging an Indianapolis police officer violated a woman’s 14th Amendment rights when he struck and killed her while driving to work, the 7th Circuit Court of Appeals affirmed Tuesday.
Red Lobster ‘misses the boat’ on negligence appeal, COA affirms
Seafood restaurant group Red Lobster LLC could not net a reversal from the Court of Appeals of Indiana on a ruling denying its motion for summary judgment in a negligence case.
7th Circuit reverses summary judgment for rail company in worker injury case
A reasonable jury could conclude a railroad company knew or should have known about a defective switch that led to a worker’s injury, the 7th Circuit Court of Appeals ruled in reversing a lower court’s grant of summary judgment.
IN justices asked to ditch modified impact rule for medical privacy breach cases after patient’s info was posted to Facebook
A woman whose medical information was sent to the wrong person and then shared on social media is asking the Indiana Supreme Court to do away with the modified impact rule for negligence-based medical privacy breaches.
COA: Insurance company’s negligence, spoliation claims should have survived motion to dismiss
An insurer’s claims of negligence and spoliation against a company hired for renovation work after a house fire should have survived a motion to dismiss, the Court of Appeals of Indiana has ruled in reversing a lower court’s decision.
COA: INDOT immune from liability in woman’s traffic death at Hendricks Co. intersection
The Indiana Department of Transportation is immune from liability in a case involving a woman killed in a collision at an intersection, the Court of Appeals of Indiana has affirmed.
FedEx shooting: Victims, family members sue company that distributed magazine used in shooting
Victims and family members of victims from the 2021 FedEx shooting in Indianapolis have filed a lawsuit against American Tactical Inc., the distributor of the magazine used in the shooting, alleging negligence, public nuisance and unlawful marketing.
Oil company established affirmative defenses against liability in man’s death, COA rules in reversal
An oil company sued by the widow of a man who died using its product established affirmative defenses against liability and should have been granted summary judgment, the Court of Appeals of Indiana ruled in reversing a lower court’s decision.
COA reverses, remands summary judgment denial after explosion death
An Evansville car dealer is entitled to summary judgment in an accidental death case in which a man’s widow claimed negligence, the Court of Appeals of Indiana ruled in reversing and remanding the denial of summary judgment.