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.
Negligence
Articles
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.
Ex-hospital employee’s unauthorized access to patient info leaves genuine questions of fact, COA rules
A hospital group and its former employee at odds over her unauthorized access of confidential patient records aren’t quite finished with their legal battle, the Court of Appeals of Indiana ruled Wednesday.
Supreme Court adopts Savage rule, finds Celadon not liable for driver injury
In a case of first impression, a split Indiana Supreme Court adopted the Savage rule in finding that Celadon Group was not liable for injuries a truck driver sustained when he opened the doors of a trailer and a load of “used, oily trays” fell on him.
Parents of SW Indiana girl sue city after she drowns in pool
The parents of a 5-year-old girl who drowned last summer in a southwest Indiana city’s swimming pool are suing the city and the child’s foster parent, accusing them of negligence in her death.
COA to hear murder, negligence appeals next week
The Court of Appeals of Indiana will be on the road next week, traveling to two Indiana high schools to hear oral arguments in a murder case and a negligence dispute arising from a deadly fire.
COA allows prisoner’s negligence complaint to proceed
The Court of Appeals of Indiana is allowing a negligence complaint by a prisoner against the Indiana Department of Correction to proceed, partially reversing a dismissal by the Perry Circuit Court.
Appellate court upholds $80k award for icy slip-and-fall accident victim
A Mooresville apartment complex could not convince the Court of Appeals of Indiana that it was not responsible for the injuries caused to a visitor during an icy slip-and-fall accident on its property.
7 passengers, including 2 Hoosiers, on derailed train sue Amtrak, BNSF Railway
An Illinois law firm filed lawsuits Monday against Amtrak and BNSF Railway on behalf of seven passengers, including an Indiana couple, who were on an Amtrak train when it derailed in north-central Montana late last month, killing three and injuring dozens of others.
In ‘catastrophic’ motorcycle crash case, justices rule for Tyson Foods, adopt bright-line rule
In adopting a bright-line rule Tuesday, Indiana Supreme Court justices ruled that a meat plant accused of contributing to a serious crash owed no duty to the motoring public because the tall grass at issue was confined to the plant’s property.
Justices agree to hear bicyclist’s negligence case against Michigan City after pothole crash
The Indiana Supreme Court has agreed to consider a cyclist’s appeal of her negligence case against Michigan City after she was injured while riding her bike on a local road.
Building collapse lawsuits seek to get answers, assign blame
Even as the search continues over a week later for signs of life in the mangled debris of the fallen Champlain Towers South, the process of seeking answers about why it happened and who is to blame is already underway in Florida’s legal system.
Supreme Court grants transfer to condo dispute, South Shore Line negligence claim
The Indiana Supreme Court has agreed to consider cases involving allegations of faulty construction at a South Bend condo complex and a negligence claim against the operator of the northern Indiana South Shore Line.
Judge rules in utility’s favor in deadly Evansville explosion
A judge has ruled in favor of a utility in a lawsuit filed over a 2017 natural gas explosion in southwestern Indiana that killed two women and injured three other people. A Vanderburgh County judge granted CenterPoint’s motion for summary judgment on Tuesday in the civil lawsuit.
Slow-to-arrive counterclaim splits Court of Appeals
A pizza delivery man who arrived at the courthouse with a counterclaim one year and nine months after the complaint had been filed will be able to present his case following a decision by a split Indiana Court of Appeals, which found “justice requires” he should be allowed to serve up his arguments.
Split COA rules for Michigan City on injured cyclist’s negligence claim
A split Indiana Court of Appeals panel has affirmed judgment for Michigan City after a cyclist was injured on a city street, finding the city was immune from the cyclist’s negligence claim. A dissenting judge, however, would have reversed on the issue of immunity.
Jury awards Indiana girl $96K for YMCA bounce house injuries
A jury in Valparaiso has awarded nearly $96,000 in damages to a northwest Indiana girl who was injured in 2018 while playing in a bounce house at a local YMCA.