COA rules for school corp. in injured student-athlete’s negligence suit
Summary judgment for a northern Indiana school corporation has been affirmed after a female basketball player suffered a head injury during practice.
Negligence
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Appeals court rules against Journey guitarist’s wife in Fort Wayne concert injury dispute
The wife of Journey guitarist Neal Schon could not convince the Indiana Court of Appeals on Friday that she was deprived of an opportunity to conduct additional discovery against the Allen County War Memorial Coliseum after a security guard there allegedly injured her during a concert by the rock band.
Reckless driving conviction vacated in Rochester school bus crash that killed 3 kids
A Rochester woman convicted in a school bus crash that killed three children and seriously injured a fourth had her misdemeanor reckless driving conviction vacated Monday on double jeopardy grounds. However, her felony convictions will stand.
Justices accept Northern District’s negligence certified question
The Indiana Supreme Court has accepted a certified question on the issue negligence, granting a request to resolve a jurisdictional split within the Northern Indiana District Court over whether store managers may be liable in slip-and-fall cases.
COA rules for IPS in advanced math class payment dispute
Two parents who argue that Indianapolis Public Schools should have paid for their teen son’s college math class while he was in high school could not convince the Indiana Court of Appeals to rule in their favor in a Wednesday decision.
Justices uphold $40K damages verdict despite challenged jury instruction
A man awarded $40,000 after a crash involving an 18-wheeler will not get a second damages trial after the Indiana Supreme Court rejected his challenge to a damages-mitigation jury instruction.
COA rules in favor of head-butting ram’s owner in negligence case
A woman injured after being head-butted by a ram could not convince the Indiana Court of Appeals on Thursday that the trial court erred in giving certain final instructions during her unsuccessful jury trial.
Farm feud: CAFO challenge turns to U.S. Supreme Court
Hendricks County families who live with the odor from a nearby 8,000-hog farm for years have lost their nuisance, negligence and trespass claims against the concentrated animal feeding operation. After unsuccessfully seeking relief from the Indiana Court of Appeals and a divided Indiana Supreme Court, they are now turning to the U.S. Supreme Court.
COA reverses summary judgment denial in patient negligence, wrongful death suit
The Indiana Court of Appeals has reversed the denial of partial summary judgment in a wrongful death case brought by the estate of a woman killed while in the care of a professional health care group.
Indiana teachers hit by pellets in training drill sue police
A group of teachers at a northern Indiana elementary school who were struck and injured last year by plastic pellets during an active shooter training drill are suing local police, accusing them of using excessive force during what the lawsuit calls the “Execution Style Drill.”
Supreme Court upholds dismissal of negligence claim against school district
A man who waited two months to seek reinstatement of a dismissed negligence claim against an Indianapolis school corporation will not be able to pursue his claim further after the Indiana Supreme Court determined his reinstatement bid was actually a collateral attack on a trial court order.
COA rules for general contractor in injured worker’s dispute
A general contractor does not owe a duty of care to a construction worker injured on the job, the Indiana Court of Appeals ruled in a Monday interlocutory appeal, reversing a grant of summary judgment to the worker as to that issue.
COA narrows claims against Bayer in Essure birth control defect case
A panel of the Indiana Court of Appeals narrowed the claims of women who sued pharmaceutical giant Bayer claiming alleged defects in the permanent birth control device Essure. The ruling Wednesday came after the Indiana Supreme Court remanded the case for the appeals court to address the viability of plaintiffs’ claims.
Judgment upheld for Clarksville dinner theater in estates’ negligence case
The Indiana Court of Appeals on Monday affirmed judgment in favor of the owner of a Clarksville dinner theater in a negligence suit filed by an elderly woman who broke her hip at the theater.
Northern District certifies negligence question to Indiana Supreme Court
An internal split within the Indiana Northern District Court over whether store managers may be held liable in certain negligence cases has prompted a federal judge to ask the Indiana Supreme Court for guidance.
COA: Good Samaritan Law shields trucker who stopped on foggy road to call 911
The Indiana Court of Appeals has partially reversed the denial of summary judgment to a truck driver involved in a car accident after finding both he and his employer are entitled to protection under the Good Samaritan Law. The case attracted an amicus brief from the Indiana Trial Lawyers Association.
Fishers couple injured in Florida boat crash sue Zionsville CEO they say was driving unsafely
Two Fishers residents severely injured in a south Florida powerboat crash late last year are suing the CEO of Indianapolis-based insurance holding company Group1001 for allegedly driving the 425-horsepower boat recklessly after drinking, although he has not been criminally charged.
Ex-fertility doctor who used own sperm must face civil lawsuit, COA affirms
A former Indianapolis fertility doctor who used his own sperm to impregnate dozens of women through artificial insemination must face a negligence complaint brought against him by the son of one of his patients, the Indiana Court of Appeals affirmed Wednesday.
Notre Dame sued after student’s fall causes ‘catastrophic’ injury
The parents of a University of Notre Dame freshman severely injured in a 2019 fall in a campus dormitory during a party filed a lawsuit Tuesday against the school, which they claim condoned a “quasi-fraternity atmosphere” at an on-campus residence hall.
Divided justices order new trial in wrongful death suit involving unwilling juror
Indiana Supreme Court justices on Thursday split in ordering a new trial in a wrongful death case involving an unwilling juror and a denied for-cause challenge.