COA says golf cart use is par for the course during the game
A man’s negligence claim against a golf teammate who struck the back of his golf cart cannot succeed because driving a golf cart is normal behavior for participants in the sport.
Personal Injury
Articles
COA considers jury trial in State Fair stage collapse suit against ESG Security
Five years after severe weather brought the stage of the Indiana State Fair grandstand to the ground, killing seven people and injuring dozens of others, the final defendant in the ensuing litigation is asking that summary judgment in its favor be upheld.
7th Circuit affirms jury verdict in injured railroad worker’s suit
A jury correctly ruled against an employee of the railroad company CSX Transportation Inc. who sued his employer after an on-the-job accident that resulted in severe back pain, citing evidence that proved the pain existed before the accident, the 7th Circuit Court of Appeals decided Thursday.
Lawyer argues girl hurt in stage collapse put self at risk
A student injured in a stage collapse last year during a musical at an Indiana high school put herself at risk by participating in the show, the school said in court records countering a lawsuit from the student's parent.
Divided COA tosses $2M DUI crash verdict over old convictions
The majority of an Indiana Court of Appeals panel held Thursday that a drunken driver’s decades-old convictions for alcohol-related offenses were irrelevant and prejudicial in a civil suit following a personal-injury crash. A dissenting judge, though, wrote the admissibility of such evidence should go to its weight rather than its age.
Mother of injured student sues over Westfield stage collapse
The mother of a Westfield High School student injured after a stage collapse sent dozens of students falling into an orchestra pit filed a lawsuit against the school corporation Thursday for damages.
NCAA facing 43 concussion lawsuits after latest filings
The NCAA is now facing 43 class-action lawsuits related to the handling of concussions by Division I football programs after 18 more were filed this week.
Indianapolis man sues Chipotle, others over sign collapse
An Indianapolis man who gained national attention after his car was crushed by a Chipotle sign on the north side has filed a lawsuit against the restaurant company as well as the property owner and manager.
COA finds notice on out-of-state parties sufficient to affirm
Lawyers for a man injured in a crash involving a tractor-trailer sufficiently served the truck driver and the transport company, the Indiana Court of Appeals ruled Thursday in affirming a default judgment in favor of the injured driver.
GM wins ignition-switch trial, but legal woes aren’t over
General Motors Co.’s victory in a Houston courtroom Thursday makes the carmaker three for three in trials related to an ignition-switch defect, but its legal entanglements may stretch on for years.
Disabled passenger’s PI suit against Austrian Airlines stays in Indiana
A Crown Point woman who claims employees of Austrian Airlines broke her leg after failing to accommodate her disability may proceed with her federal lawsuit in Hammond, a judge has ruled.
GM CEO Barra tells jury company flubbed fatal ignition flaw
General Motors Co. failed to designate a flawed ignition switch linked to multiple deaths and injuries as a safety concern, Chief Executive Officer Mary Barra told jurors at a Texas trial.
COA: School’s insurance doesn’t cover student who injured teacher
Although the Indiana Court of Appeals disagreed with parts of a trial court’s ruling in an insurance coverage dispute, the judges affirmed the ruling that the insurance policy of a school where a student injured her teacher during class is not the primary insurance in the teacher’s personal injury suit.
Divided COA rules karate kick is an issue of material fact
The Indiana Court of Appeals ruled 2-1 that a man’s kick in karate class, which injured a woman, constituted an issue of material fact and reversed summary judgment in his favor.
COA divided over general contractor’s duty to provide safe workplace
The Indiana Court of Appeals voted 2-1 Monday to affirm summary judgment in favor of the general contractor of a Lafayette Gander Mountain project where a subcontractor’s employee was injured. The majority concluded the general contractor did not have a non-delegable contractual duty toward the injured worker.
Split COA reinstates suit of pedestrian hit by deputy’s vehicle
A man who was walking on the wrong side of the road in dark clothes at night and was struck by a Marion County deputy driving a jail transport vehicle may pursue his negligence claim, a divided Indiana Court of Appeals panel ruled Friday, reversing the trial court.
Jury: GM car’s bad ignition switch not to blame in crash
A New York City jury found Wednesday that a flawed General Motors ignition switch was not to blame in a 2014 accident on an icy New Orleans bridge, handing the carmaker its second victory in a row in trials meant to help lawyers settle dozens of similar claims.
COA: Firm has no private cause of action to gain back fees
The Indiana Court of Appeals reversed a decision that denied HealthPort’s motion for judgment against Garrison Law Firm LLC after it found Garrison did not have a private cause of action under Indiana law or Administrative Code.
Judge tells lawyers to fight GM instead of each other
The judge overseeing lawsuits against General Motors Co. over a lethal ignition-switch defect denied a bid to remove the lead attorney for the injury and death cases, telling the lawyers to stop arguing with each other.
GM accuses ignition-switch trial plaintiff of dream-house fraud
An Oklahoma man suing General Motors Co. in the first trial over a deadly ignition switch flaw lied to the jury about his family’s eviction from its “dream house” after he committed fraud against a real estate agent, the company says.