Articles

Electric cooperative owed no duty to injured contractor

An independent contractor injured at a generating station owned by Bloomington-based Hoosier Energy Rural Electric Cooperative was unable to prove to the Indiana Court of Appeals that the electric cooperative was negligent regarding his injury.

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Malpractice ruling for hospital remanded to trial court

The apparent agency of Ball Memorial Health Clinic as it pertains to the alleged malpractice of an affiliated doctor and nurse practitioner is a fact question the Indiana Court of Appeals sent back to the trial court, which had granted the hospital summary judgment on the issue.

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COA affirms dismissal for lack of personal jurisdiction

The Indiana Court of Appeals found that a Texas corporation that made a component of a dust collector that injured a Fort Wayne man did nothing more than place the screw conveyor in the stream of commerce, which supports dismissing the Texas business from a lawsuit filed here.

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Justices vacate transfer to negligent design case

The Indiana Supreme Court issued an order Monday vacating its grant of transfer to a case filed by a man rendered a quadriplegic after he fell out of a company truck’s utility bucket while working for Richmond Power.

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COA orders continuation of insurer’s case against tenant

Because Indiana law does not currently preclude a landlord’s insurer from bringing a subrogation claim against a tenant and a landlord’s complaint established a set of circumstances under which it would be entitled to relief, the Court of Appeals reversed the grant of a tenant’s motion to dismiss. The landlord’s insurer filed a subrogation action against the tenant after a fire started on her patio.

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Suit to be filed over meningitis outbreak

Attorneys for a Columbus woman who has developed symptoms of fungal meningitis after being treated with steroid injections are suing the drugmaker at the center of a widening outbreak blamed on tainted shots.

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Malpractice complaint hinges on claim of apparent agency

The Indiana Court of Appeals concluded Wednesday that a Bartholomew Superior judge did not err in denying partial summary judgment on the issue of whether two physicians working as independent contractors were the apparent agents of Columbus Regional Hospital.

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Nurses may be expert witnesses in some standard of care disputes

The Indiana Court of Appeals declined Wednesday to create a blanket rule that nurses cannot qualify as expert witnesses under the Indiana Evidence Rule and testify as to whether a health care provider breached a standard of care or whether an alleged breach caused an injury.

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Pool’s owner did not breach any duty owed to boy

The Indiana Court of Appeals affirmed a jury verdict in favor of the owner of a pool in a lawsuit filed by the father of a young boy who drowned in the pool. The appellate court found the trial court did not abuse its discretion in giving certain jury instructions.

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Trial court erred in instructing jury in negligence case

A divided Indiana Court of Appeals has ordered a new trial in a case alleging a product was negligently designed, with the majority finding the trial court erred when it instructed the jury on the rebuttable presumption under Indiana Code 34-20-5-1.

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