Justices set to hear several oral arguments next week
Indiana Supreme Court justices will hear oral arguments next week in several cases including a slip-and-fall dispute, a mayor’s misuse use of bond funds, and a home detainee’s escape.
Negligence
Articles
Split COA reverses for Notre Dame in woman’s negligence suit
A divided Indiana Court of Appeals panel on Tuesday reversed in favor of the University of Notre Dame in a negligence dispute brought by a woman who broke her shoulder after tripping during a basketball game.
COA reverses, remands for retrial on damages in car crash dispute
The Indiana Court of Appeals has reversed and remanded for retrial on the issue of damages in a negligence case brought by a Lake County woman who suffered a concussion stemming from a car crash.
Appeals panel affirms judgment against Miami County in busted water line dispute
The Indiana Court of Appeals on Friday affirmed judgment against Miami County employees who caused more than $100,000 in damages to water lines that supplied the City of Peru during an attempted logjam removal.
Reversal: Shelter must face negligence suit after adopted dog mauls girl
A south side Indianapolis animal shelter must face a lawsuit from an adopter whose child was attacked by a dog with a history of aggression, the Indiana Court of Appeals ruled Thursday, reversing a trial court’s grant of summary judgment for the shelter.
Vigo County man not barred from vicarious liability suit against hospital
The Indiana Court of Appeals affirmed Thursday for a former hospital patient in an interlocutory appeal, finding the man is not barred from proceeding with his allegations of vicarious liability/physician negligence in his submission to be evaluated by a medical review panel.
SCOTUS rejects petition to hear Indiana Right-to-Farm dispute
A protracted dispute between a concentrated animal feeding operation in Hendricks County and its neighbors ended Monday with the U.S. Supreme Court denying certiorari to the nearby homeowners who claimed the odor from the 8,000 hogs disrupted their lives and diminished their health.
Justices split over transfer denial in horse injury case
The Indiana Supreme Court has split over the denial of transfer in a case involving a horseback riding injury, with Justice Steven David publishing a dissent expressing concern that the “pendulum has swung too far” in sports injury cases.
Compelled contract? Indiana Supreme Court considers arbitration agreement in nursing home lawsuit
After hearing oral argument on petition to transfer Sept. 24, the court must now decide if it will rule in a dispute filed by an elderly woman and her representative against the Carmel assisted living facility where the woman once lived and an independent contractor hired by the facility who is accused of raping her.
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.
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.