Floyd County officials reach tentative settlement in jail death
A sheriff’s department in southern Indiana has reached a tentative settlement with the father of a woman who died in detention.
Wrongful Death
Articles
COA: Nearly identical medical malpractice, wrongful death cases filed too late
The Indiana Court of Appeals has granted summary judgment to physicians and their hospitals in three nearly identical medical malpractice and wrongful death cases filed more than seven years after the deaths of three patients after finding the actions could have been filed years prior.
COA upholds reconsideration of special administrator appointment
A dispute between extended family members over who will become the special administrator of a Johnson County estate was resolved in favor of the guardians of the deceased’s children after the Indiana Court of Appeals determined that administrator appointments cannot be made based on who files a petition first.
Family of Kokomo couple killed settle with Seattle for $13M
The family of a Kokomo couple who died after a repeat drunk driver struck them in Seattle has settled a wrongful death lawsuit against the West Coast city for $13 million.
COA: Personal rep in estate case has no claim to survivor damages
After a man who filed a wrongful death suit for his wife died intestate and without heirs while the suit was pending, the Court of Appeals concluded the estate’s personal representative could not claim survivor damages.
Foreseeability rulings change negligence analyses in premises liability cases
In just 30 pages, the Indiana Supreme Court “redrew (Indiana’s) premises liability landscape,” an appellate court judge recently noted. The October 2016 rulings redefined the parameters courts — not juries — must use when determining whether the harm alleged in a negligence case was was foreseeable, giving rise to a duty.
Grandmother can’t bring child wrongful death suit, COA rules
A woman who claimed to be her grandson’s de facto custodian failed to convince the Indiana Court of Appeals that she had standing to bring a suit on the child’s behalf after he and his mother perished in an apartment fire.
COA finds warehouse not liable for cargo-related deaths
An Indianapolis-based warehouse facility has been cleared of liability in a tractor-trailer accident that killed three and injured one after the Indiana Court of Appeals found the warehouse had neither a contractual nor a common law duty to the victims.
Munster church must face wrongful death suit, appeals court affirms
A Munster church failed to persuade the Indiana Court of Appeals that a wrongful death lawsuit against the church, brought after a babysitter died in the home of the church’s pastors, should have been dismissed.
Reversal: Peterbilt as parts supplier may bear liability in fatality
The Indiana Court of Appeals has overturned summary judgment for a national motor company on a defective design claim stemming from a construction foreman’s death after finding sufficient evidence to rebut the presumption that the product in question was not defective.
COA reinstates wrongful death case against road contractors
A wrongful death case against a Carroll County contractor and all but one of its subcontractors will continue after the Indiana Court of Appeals found numerous material questions of fact as to whether the companies owed a duty to a man who died while driving through a construction zone in 2013.
DTCI: My doctor is liable for how much?
As attorneys who practice frequently in the area of medical negligence, it is not uncommon to be presented with a case in which the plaintiff seeks damages under both the Medical Malpractice Act (MMA) and the Wrongful Death Act. This article describes how these statutes work together, how to apply the caps, and discusses when a provider can be responsible for paying more than the MMA cap.
Negligence claim against GM, contractor to continue after deadly explosion
A negligence claim against General Motors and two independent contractors stemming from a deadly explosion at a Grant County GM plant will continue after a district court judge denied in part the defendants’ motions for summary judgment.
Wrongful death suit filed for boy who lost mom in van crash
A wrongful death lawsuit has been filed on behalf of a boy delivered after his mother died when an overloaded van overturned on a southwestern Indiana highway.
COA: attorney fees and litigation costs allowed in child’s wrongful death
In a case of first impression, the Indiana Court of Appeals upheld the award of attorney fees in a child’s wrongful death case.
Justices weigh whether negligent hiring claim allowed against Pizza Hut
In its first oral arguments as a temporarily four-person bench, the Indiana Supreme Court considered Thursday whether the plaintiff in a wrongful death case can bring employment-based claims against an employer if the employer has admitted the employee involved in the death was acting in the scope of their employment.
COA to hear legal malpractice appeal
A woman who lost her legal malpractice case against a law firm she said failed to timely bring negligence and wrongful death claims against the St. Joseph County Prosecutor’s office will have her day before the Indiana Court of Appeals next week.
Judge mulls wrongful death lawsuit in baby sitter’s drowning
A judge is considering whether to dismiss a wrongful death lawsuit filed by the mother of an 18-year-old woman who drowned while baby-sitting at the home of two pastors in northwest Indiana.
COA affirms summary judgment to GEICO in parking lot altercation
Summary judgment was properly granted to an insurance company that declined to cover the cost of a judgment entered against one of its clients because the client did not have an “active relationship” with the insured vehicle at the time of the incident, the Indiana Court of Appeals held Friday.
Woman’s family sues Indiana church, pastor after drowning
The family of an 18-year-old woman who drowned in a swimming pool at her pastor's home where she had been babysitting is suing the pastor and his northwest Indiana megachurch.