Question about residency leads to reversal in insurance case
Because a genuine issue of material fact exists as to whether a teenager lived with his mother or father, an appellate panel has remanded the matter for trial.
Personal Injury
Articles
COA split on ability to review case
The majority on a personal injury case has dismissed it for appellate review, finding the Indiana Court of Appeals doesn’t have jurisdiction. The majority believed the case was not timely appealed.
COA reverses trial court in personal injury case
The Indiana Court of Appeals has reversed a trial court’s denial of a motion to transfer, holding that Marion County is not a preferred venue for the case.
Court rules on estate’s claim against insurer
The Indiana Court of Appeals has upheld a judge’s ruling against a California reciprocal insurance exchange in a dispute over whether the insurer would have to pay part of a million dollar judgment.
Justices rule on construction manager’s duty for jobsite safety
The Indiana Supreme Court has held that a construction manager on the Lucas Oil Stadium construction project didn’t have a legal duty to ensure jobsite safety to a subcontractor’s employee either by contract or individual actions, and as a result, cannot be held liable for workplace negligence.
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.
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.