$479K judgment against Crown Point grocer in slip-and-fall case upheld
A jury verdict for a woman who was seriously injured in a fall on a snow-covered sidewalk outside a Crown Point grocery store was upheld Friday by the Indiana Court of Appeals.
Negligence
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Appeals court puts Indiana Grand horseman’s negligence case out to pasture
A horseman who claims he was injured after another rider’s horse got loose during training exercises at Indiana Grand Racing & Casino didn’t win, place or show Friday at the Indiana Court of Appeals.
Divided COA panel finds for woman wrongly told hepatitis test was negative
A woman who learned years after she had been told that a hepatitis test was negative that in fact the test had come back positive had her case reinstated Friday by the majority of an Indiana Court of Appeals panel. Two of three judges found a clinic fraudulently concealed the woman’s positive test result.
Community Health wins partial reversal in family records dispute
The Indiana Court of Appeals has partially reversed in favor of a hospital on invasion of privacy and intrusion claims after a family feud between health care employees resulted in comprised confidential health records.
COA reinstates patient’s claims against hospital in HIPAA-related suit
A divided Indiana Court of Appeals has reinstated a patient’s claim that a hospital is vicariously liable for the actions of a medical assistant who accessed her medical records and then shared details with her husband after she noticed that the patient had “liked” a photo of her husband on Facebook.
COA affirms denial of negligence instruction in horse-riding accident case
A woman who suffered a brain injury after a horse-riding accident did not convince the Indiana Court of Appeals that the trial court was wrong in ruling for the renter of a horse-training arena.
Indy-based NCAA faces lawsuit over violence against women at colleges
The Indianapolis-based NCAA is facing a federal lawsuit accusing the organization of failing to address gender-based violence by male athletes against female students at colleges and universities.
COA partially reverses for financial adviser in Marion development dispute
The Indiana Court of Appeals has partially reversed in favor of a financial adviser in a dispute with the city of Marion after years were wasted on a construction project that was projected to cost millions of dollars.
Federal agency releasing report on Missouri duck boat deaths
Nearly two years after 17 people died – including nine Hoosiers – when a tourist boat sank on a Missouri lake, federal transportation safety investigators on Tuesday will release the results of an investigation into the tragedy.
7th Circuit: Insurer has no obligation to ambulance fleet service after fatal crash
An ambulance that crashed into a car and killed its driver was not covered under an insurance policy, the 7th Circuit Court of Appeals ruled Thursday. As a result, the insurer had no obligation to either the ambulance service or its employee.
COA declines to add omitted party to prison death case on rehearing
Court proceedings between the estate of a deceased inmate and her Department of Correction health care providers will continue as-is after the Indiana Court of Appeals declined to recognize as a party a defendant who was inadvertently left out of the appeal.
Reversal: Columbus entitled to summary judgment on personal injury claim
The city of Columbus has succeeded in its efforts to win summary judgment on a woman’s personal injury claim, with the Indiana Court of Appeals reversing in the city’s favor and holding that the woman did not meet the notice requirements under the Indiana Tort Claims Act.
Utility owes no duty to property owner in fire sprinkler flood dispute
A utility company is not responsible for extensive flooding damage to a property management company building after its fire sprinkler pipes burst after winter, the Indiana Court of Appeals ruled Wednesday.
Supreme Court hears arguments in stoplight crash suit against IPL
Indiana Supreme Court justices heard oral argument Thursday on the question of whether a utility may face liability for people injured in a traffic crash in which a malfunctioning stoplight played a role.
Justices to hear arguments in stoplight outage crash suit against IPL
Oral arguments in a negligence case brought by a family severely injured in a crash in a traffic intersection after a 2016 storm will be heard by Indiana Supreme Court justices this week. Per an order issued Monday, attendance at the argument will be limited to parties and counsel, but the argument may be viewed online.
Justices split on denial of transfer to med-mal wrongful death case
The Indiana Supreme Court has split in the denial of transfer in a case involving a fatal altercation between a psychiatric patient and a caregiver, with two justices dissenting from the holding that ensuing wrongful-death litigation should be brought under the Medical Malpractice Act.
Horse sense: Man’s case reinstated, counsel’s sanctions lifted on appeal
A LaPorte County man who tried to legally close the barn door after his horses allegedly got out and injured his neighbor must stand trial, the Indiana Court of Appeals ruled Wednesday. The panel also found the trial court erred by closing the courthouse door to evidence that it wasn’t the first time these horses went on the lam.
Judge orders state inspection of embattled Charlestown zoo
A controversial Charlestown zoo whose owner has already lost his federal exhibitor’s license has been ordered to comply with a state inspection on Friday and Saturday.
South Bend grandfather to plead guilty in toddler’s cruise ship death
A South Bend man who was holding his granddaughter before she fell from a cruise ship window and plunged to her death in Puerto Rico said he has agreed to a plea deal “to help end part of this nightmare.”
Appellate judges rule for hospital in medical malpractice case
A man who filed a medical malpractice claim against a doctor and hospital following his surgery for a herniated disc could not convince the Indiana Court of Appeals that he should be permitted to amend his complaint and add a federal claim.