Judges rule in favor of insured
The Indiana Court of Appeals found under the plain language of a woman’s insurance policy, the woman did what was required of her by the policy to pursue an underinsured motorist claim.
Personal Injury
Articles
Tort law case tests boundaries of ‘duty’
The Indiana Court of Appeals recently issued an opinion that answered some complicated questions about the point at which one person assumes a “duty” to another. But the panel did not reach a consensus, with one judge writing that the majority opinion could have a negative impact on public policy.
Judges affirm ruling in favor of Jeep dealer
The Indiana Court of Appeals has ruled in favor of a southwestern Indiana car dealer being sued by a customer for injuries in a car accident under the Indiana Products Liability Act after Chrysler LLC filed for bankruptcy.
Divided court affirms liability in ‘courtesy wave’ case
In a case of first impression, the Indiana Court of Appeals has affirmed a trial court’s grant of summary judgment in favor of a motorcyclist injured in a crash. One judge disagreed with the majority decision, stating the opinion is contrary to sound public policy.
Justices rule on admitting testimony in crash cases
The Indiana Supreme Court released companion cases Tuesday on the issue of admitting certain expert testimony under Indiana Rule of Evidence 702 in two separate car accident cases.
Tort Claims Act does not grant immunity for reckless conduct
The Indiana Court of Appeals held the Tort Claims Act does not grant immunity to law enforcement officers who fail to exercise reasonable care while driving.
Appellate court upholds denial of palliative care
The Indiana Court of Appeals has affirmed that a man is not entitled to ongoing palliative care because he failed to specify what treatment he believes he needs.
Justices divided on proper sanction for attorney actions
The majority of Indiana Supreme Court justices found the trial court was within its discretion to dismiss a personal injury action because of the plaintiff’s attorney’s actions.
Justices divided on whether accident is covered by policy
The Indiana Supreme Court ruled 3-1 Tuesday that an insurer for the Indiana Youth Soccer Association does not have to provide coverage for an accident involving a Carmel team during a trip to Colorado for a soccer tournament.
Judges affirm worker’s compensation board ruling
The Full Worker’s Compensation Board of Indiana was correct in ordering a business to pay for an employee’s third surgery that resulted from an accident partially caused by a previous work-related injury.
2 charged with making fraudulent claims to collect State Fair funds
Two women face charges – including forgery and theft – for filing false claims with the Indiana State Fair Remembrance Fund and the Indiana Tort Claim Fund, the Marion County Prosecutor’s Office announced Tuesday.
64 claimants accepted settlement offers stemming from stage collapse
Indiana Attorney General Greg Zoeller announced Monday that 64 of 65 claimants offered settlements in the Indiana State Fair stage collapse have accepted the offers. Checks will be issued by year-end, the AG’s office said, paying out the entire $5 million in tort claim funds the state has available by law.
Appeals court sides with estate of contractor killed on the job
The Indiana Court of Appeals ruled an employer was liable for the safety of a subcontractor who fell from a ladder and sustained a fatal injury.
63 claimants will accept settlement in State Fair stage collapse
The Office of the Indiana Attorney General has heard from all 65 claimants who were offered settlements stemming from the stage collapse at the Indiana State Fair in August, and 63 will accept the settlements.
Justices take guest statute case
The Indiana Supreme Court has accepted a case that deals with whether a tort claim filed by a son against his father should be precluded by the Indiana Guest Statute. The case prompted each judge on the Indiana Court of Appeals panel that heard the case to author an opinion.
AG’s office begins distribution of funds to State Fair victims
The estates of the seven people killed by the stage collapse at the Indiana State Fair in August will receive at least $300,000 each if the offers extended by the state are accepted, Indiana Attorney General Greg Zoeller announced Tuesday.
Judge grants limited class certification in stage collapse lawsuit
While she said she doubts the plaintiffs can win their case, U.S. Judge Sarah Evans Barker is allowing limited class certification in a lawsuit challenging the state’s $5 million damage liability cap. Plaintiffs incurred injuries in the Indiana State Fair stage collapse Aug. 13.
Court relies on equitable estoppel determination test
Examining both state and national caselaw in an appeal involving an Allen County car crash, the Indiana Court of Appeals has used a two-part test in determining whether equitable estoppel is available to those filing a claim.
Justices accept 2 cases, decline feticide case
The Indiana Supreme Court has taken two cases and declined to accept more than two dozen petitions seeking transfer.
Deputy owed no duty to warn of icy road
A county sheriff’s department that doesn’t own, maintain or control a county road does not owe a common law duty to warn the public of known hazardous conditions upon the roadway, the Indiana Supreme Court ruled Thursday.