COA: Fired employee did not commit theft, is entitled to unemployment benefits
A fired Indiana leasing consultant will continue to get unemployment benefits after the Court of Appeals of Indiana affirmed she wasn’t let go for gross negligence.
Negligence
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Indiana man arrested after young boy seen playing with gun
An Indiana man faces criminal charges after a young boy was allegedly seen holding a handgun outside their apartment and pulling the trigger without firing any bullets.
COA: Carmel not liable for alleged negligence by parks department employees
A mother who sued the city of Carmel after her child was allegedly bullied and “pseudo sexually assaulted” during a camp put on by the local parks department has not convinced the Court of Appeals of Indiana that the city should be held liable.
Patient’s suit against Community Health moves ahead after diagnosis shared online
A woman whose medical diagnosis was mailed to the wrong person and then shared on social media may proceed with part of her suit against Community Health Network, the Court of Appeals of Indiana has ruled, finding genuine issues of material fact remain.
Movie theater contractor not liable for construction worker’s on-the-job injuries, COA affirms
The guardian of a man who was injured while working on a movie theater construction project has failed to convince the Court of Appeals of Indiana that a subcontractor for AMC Theatres owed the man a duty of care.
COA: Contractor not liable for worker’s slip and fall
A construction worker who slipped and fell while trying to step from a ladder onto a scaffolding platform was unable to regain his footing before the Court of Appeals of Indiana, which found the contractor’s focus on safety did not indicate a duty of care.
7th Circuit rules partially for defendant, officers, city in police-impersonation case
The 7th Circuit Court of Appeals has affirmed, reversed and vacated multiple partial summary judgment awards for a man who was cleared of impersonating police and who later sued the officers who arrested him.
Evansville OKs paying $1.75M in deadly police chase crash
The city of Evansville has agreed to pay $1.75 million to settle a woman’s lawsuit stemming from a 2017 police chase crash that killed her two children and her husband and left her seriously injured.
Justices create new framework for determining if good cause exists to limit, prohibit high-level depositions
A trial court must revisit the question of whether three of the Indianapolis-based NCAA’s highest-ranking executives have to sit for depositions in a concussion lawsuit after the Indiana Supreme Court established a new framework for examining requests to limit depositions.
COA rules for DCS in negligence complaint after dad wasn’t notified of injury reports
An Indiana father who wasn’t notified that the Indiana Department of Child Services assessed allegations of abuse and neglect until two years after his twins were injured couldn’t convince the Court of Appeals of Indiana that the agency should be found negligent.
Tippecanoe School Corp. wins summary judgment on injured cheerleader’s negligence claim
The Tippecanoe School Corporation has secured summary judgment against a student’s negligence claim after the Court of Appeals ruled in its favor following a cheerleader’s injury.
Woman who lost consciousness while driving not liable for motorist’s negligence claim, COA affirms
A woman who said she lost consciousness while driving before causing a serious accident demonstrated that her medical emergency was unforeseeable, the Court of Appeals of Indiana has affirmed, upholding a summary judgment ruling in favor of the woman on a negligence claim.
COA: IPS not immune from negligence claim involving 1st grader
Finding that Indianapolis Public Schools is not immune from liability under the Indiana Tort Claims Act, the Court of Appeals of Indiana has revived a lawsuit brought by the parents of a first grader who was prevented from boarding the school bus and forced to walk home.
COA cites precedent in blocking dog bite victim’s negligence lawsuit
An Indianapolis man whose son was bit by a neighbor’s pit bull was not able to overcome precedent in trying to convince the Court of Appeals of Indiana to hold the landlord liable for the injury.
Justices: South Bend condo HOA can move forward with faulty construction lawsuit
A homeowners association made up of condominium owners in a South Bend condo complex can move forward with its claims of faulty construction work against two of the four defendants named in its original lawsuit after a reversal by the Indiana Supreme Court.
High court to hear negligence, drunken driving cases in January arguments
The Indiana Supreme Court is scheduled to kick off the new year with two oral arguments on the schedule.
7th Circuit: No duty of care owed to man injured while driving pallet jack
A pallet company did not owe a duty of care to a man whose foot was crushed and amputated after he was injured while operating a machine used to lift and transport pallets, the 7th Circuit Court of Appeals has affirmed.
Supreme Court affirms ruling for INDOT in injured motorist’s negligence case
An injured motorist who crashed his car into a tree after hydroplaning on Interstate 74 during a downpour did not convince the Indiana Supreme Court that his negligence suit against the Indiana Department of Transportation should proceed.
Split Supreme Court reverses summary judgment, immunity for INDOT in hydroplane lawsuit
Immunity for the Indiana Department of Transportation against a motorist’s personal injury lawsuit wasn’t appropriate because the agency knew of flooding issues on a northern Indiana highway for years and failed to remedy the problem before a woman was injured after her vehicle hydroplaned, a split Indiana Supreme Court has ruled.
COA to hear oral arguments in medical privacy case for second time
A Lake County lawsuit alleging medical privacy violations when a dog groomer’s X-rays were shared in her workplace after her boss’s husband accessed them is heading back to the Court of Appeals of Indiana for arguments next week.