Justices set to hear several oral arguments next week
Indiana Supreme Court justices will hear oral arguments next week in several cases including a slip-and-fall dispute, a mayor’s misuse use of bond funds, and a home detainee’s escape.
Premises Liability
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Unexpected lessons in getting back to class
This back-to-school season is like no other. What was expected in March to be a temporary closure due to COVID-19 has spilled into August, leaving teachers, administrators, students and parents at a loss for what to expect.
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Articles
Compelled contract? Indiana Supreme Court considers arbitration agreement in nursing home lawsuit
After hearing oral argument on petition to transfer Sept. 24, the court must now decide if it will rule in a dispute filed by an elderly woman and her representative against the Carmel assisted living facility where the woman once lived and an independent contractor hired by the facility who is accused of raping her.
Appeals court rules against Journey guitarist’s wife in Fort Wayne concert injury dispute
The wife of Journey guitarist Neal Schon could not convince the Indiana Court of Appeals on Friday that she was deprived of an opportunity to conduct additional discovery against the Allen County War Memorial Coliseum after a security guard there allegedly injured her during a concert by the rock band.
Northern District certifies negligence question to Indiana Supreme Court
An internal split within the Indiana Northern District Court over whether store managers may be held liable in certain negligence cases has prompted a federal judge to ask the Indiana Supreme Court for guidance.
Notre Dame sued after student’s fall causes ‘catastrophic’ injury
The parents of a University of Notre Dame freshman severely injured in a 2019 fall in a campus dormitory during a party filed a lawsuit Tuesday against the school, which they claim condoned a “quasi-fraternity atmosphere” at an on-campus residence hall.
$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.
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.
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.
Suit: Carmel schools failed to protect student from swim coach
A woman whose former high school swim coach is now imprisoned for sexually exploiting her while she was a member of the swim team is suing a suburban Indianapolis school district, alleging that it failed to protect her from the abuse.
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.”
Deal struck between school district, family of boy who died
The family of a 14-year-old Lake County boy who died after being found unresponsive in a northwestern Indiana high school’s swimming pool has reached a legal settlement with the school’s district, the family’s attorney said Monday.
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.
7th Circuit says lawyer intentionally altered photos, threatens sanction
An order to show cause has been entered against a Crawfordsville attorney whom the 7th Circuit Court of Appeals says intentionally altered photographs entered into the record in a slip-and-fall case. The appellate court also raised the possibility of sending the matter to the Indiana Supreme Court Disciplinary Commission.
Indiana Supreme Court weighs blinded West Virginia delegate’s case
Indiana’s Supreme Court is weighing whether to take up a lawsuit by West Virginia Del. Eric Porterfield over a 2006 parking lot brawl that left him blinded years before he was elected to office.
Headbutting ram’s owner must face premises liability claim, COA rules
A woman who was headbutted by a ram while tending to another woman's animals can continue to pursue her premises liability claim against the ram’s owner, the Indiana Court of Appeals has ruled.
Judge rules against IU frat in sexual assault negligence case
A fraternity that knows or should know about prior sexual assault allegations against a member has a duty to protect social guests from sexual assault by that member, a district court judge ruled Wednesday. The ruling comes in a case involving a complaint against an Indiana fraternity accused of not protecting guests from one of its members.
Woman did not breach duty to man injured while on property uninvited
Summary judgment was properly awarded to the owner of lake-front residential property in a man’s lawsuit filed after he was seriously injured in a hammock accident while on her property uninvited, the Indiana Court of Appeals held Thursday.
Justices affirm new trial in estate awarded $41,400 in hotel killing
The Indiana Supreme Court on Wednesday upheld a lower court order for a new trial in a case involving a $41,400 award made to the estate of a man who was killed at a Speedway hotel by a former employee.