COA dismisses 4-year-old suit against nursing home
A woman who sued a Noblesville nursing home over her mother’s care that she claimed was negligent failed to persuade the Indiana Court of Appeals to reinstate her civil lawsuit.
Negligence
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Elkhart family files negligence lawsuit in mother’s death
The children of a woman who was fatally shot by a fellow resident of a northern Indiana apartment complex are suing the apartment’s management company, alleging that it failed to protect their mother from the gunman despite knowing of his “peculiar and abhorrent behavior.”
Indiana parents of girl who fell to her death sue cruise company
The parents of a toddler who fell to her death out of an open cruise ship window in Puerto Rico filed a lawsuit Wednesday against Royal Caribbean Cruises, accusing the company of negligence by allowing the window to be opened.
COA affirms for snow removal service in slip-and-fall case
The Indiana Court of Appeals has affirmed a snow removal company sued by a woman in a slip-and-fall case was not required to apply salt to an apartment complex’s premises absent a specific request that it do so.
Reversal: Judgment to be entered for law firm in malpractice case
Judgment will be entered for a northern Indiana law firm facing a legal malpractice claim after the Indiana Court of Appeals reversed the denial of the firm’s motion for judgment on the evidence.
NTSB: Coast Guard ignored duck boat safety proposals
Federal transportation safety investigators criticized the U.S. Coast Guard on Wednesday for ignoring suggestions over nearly two decades to improve tourist duck boats, changes they say might have prevented last year’s Missouri accident that killed 17 people.
Jury vindicates Terre Haute company in California aircraft crash suit
A Terre Haute aviation-services company that was sued for more than $455,000 in damages after an agriculture aircraft crashed on takeoff prevailed in a unanimous defense verdict handed down in a California trial court.
Reversal: COA reinstates negligence action against school district
The Indiana Court of Appeals has reinstated a man’s negligence claim against a school corporation after one of its school buses collided with the man’s vehicle, leaving him injured.
COA orders new criminal recklessness trial after jury instruction error
A mother who backed over her aunt with a vehicle before fleeing the scene with her child in the car has won a new trial on a criminal recklessness conviction, though the Indiana Court of Appeals declined to overturn her related conviction of resisting law enforcement.
Divided COA lets man stay in disputed final resting place
A man mistakenly buried at a gravesite that had already been sold to another individual will continue to rest in peace after the Indiana Court of Appeals declined to order the cemetery to exhume the man and relocate his grave. A dissenting judge, however, said Indiana statute and legal principles require the cemetery to correct the “wrongful entombment.”
Justices decline shot man’s suit against store over gun sale after warning
A man who warned a sporting goods store clerk to never sell a gun to his girlfriend because she would use it to shoot him has no case against the retailer, the Indiana Supreme Court held in rejecting the man’s transfer petition.
Indiana grandfather charged in Puerto Rico cruise ship death
A man who police say dropped his young granddaughter from the 11th floor of a cruise ship docked in Puerto Rico in July has been accused of negligent homicide. But his attorney says the decision to charge the Indiana man is “pouring salt” on the family’s wounds.
Supreme Court takes oral argument to Parke Heritage High School
Indiana Supreme Court justices will travel to Parke Heritage High School on Tuesday to hear oral arguments in the civil negligence case of Cavanaugh’s Sports Bar & Eatery, Ltd. v. Eric Porterfield, 18A-CT-1814.
Jury seated in first federal opioid trial, but settlement talks go on
A jury was seated Thursday in Cleveland for the first federal trial on the opioid crisis, but the push to settle the case before opening arguments next week continued, with company officials expected to gather for further talks. Published reports said officials were negotiating a potential $50 billion settlement.
Divided COA dismisses negligence suit in fatal helicopter crash
A divided Indiana Court of Appeals panel ruled for three aerospace defendants in a negligence case brought by victims of a fatal helicopter crash that took place in Mississippi, finding Indiana has no personal jurisdiction in the matter.
Judgment for school, town affirmed in gang-rape case
A northern Indiana town and school corporation’s motion to dismiss a case stemming from an unreported gang rape was affirmed Thursday, with one appellate judge apologizing to the victim for being unable to find an ‘adequate remedy’ under current Indiana law.
Reversal: Small claims courts cannot order mediation, ADR
Parties cannot be ordered to participate in alternative dispute resolution in small claims proceedings, the Indiana Court of Appeals ruled Thursday, reinstating a dog-bite case that an Indianapolis judge had dismissed after litigants refused to participate in court-ordered mediation.
Indiana reports 2 more deaths linked to vaping, 3 overall
Indiana health officials are reporting two more state residents have died of severe lung injuries linked to vaping. The new deaths reported Thursday by the Indiana State Department of Health brings the total number of vaping-related deaths in the state to three since Sept. 6.
Patient’s claim her x-rays were wrongly shared reinstated
A Lake County woman whose medical records were unknowingly shared with her employer by a Community Hospital worker in Munster who took her x-rays has won a reversal of her dismissed complaint against the hospital.
Justices to review 181-year sentence imposed on Gary teen
The Indiana Supreme Court granted petitions to transfer in two cases last week, agreeing to hear a case concerning the sentence imposed on a 16-year-old murder defendant and a matter regarding a motorcycle crash involving a state trooper.