Justices to hear semi worker wrongful death case
The Indiana Supreme Court granted transfer to two cases last week, including a decision that found a semi-tractor component manufacturer liable for the death of a construction worker.
Wrongful Death
Articles
Indiana survivor’s suit seeks to halt duck boats
An Indiana woman whose husband and three children drowned when a duck boat sank in a Missouri lake has filed a federal lawsuit in Kansas City requesting an end to the manufacture and operation of the amphibious vehicles in the U.S. and elsewhere until they are redesigned for safety.
7th Circuit rules for paramedic in patient-arrestee’s death
Case law does not clearly establish that a paramedic can violate a patient-arrestee’s Fourth Amendment rights by exercising medical judgment to administer a sedative in a medical emergency, the 7th Circuit Court of Appeals affirmed Wednesday.
The court ruled in the paramedic’s favor on all counts brought by the estate of a man sedated during a naked public rampage.
Justices let wrongful death suit proceed against Munster Church
A wrongful death suit brought against a Munster church by the family of a babysitter who died at the home of the church’s pastors will proceed to trial after the Indiana Supreme Court denied transfer last week.
Missouri opens criminal probe into deadly boat sinking
The Missouri attorney general's office says it has opened a criminal investigation into the circumstances of the tourist boat that sank on a Missouri lake, killing 17 people, including nine members of an Indianapolis family.
Lawsuit filed in fatal duck boat sinking seeks $100 million
A lawsuit seeking $100 million in damages has been filed against the owners and operators of a duck boat that sank on a Missouri lake, killing 17 people, including nine Hoosiers. The federal lawsuit was filed Sunday on behalf of two members of an Indiana family who lost nine relatives when the boat sank July 19 on Table Rock Lake in Branson, Missouri.
Company to pay $10K fine in worker’s death at IU’s campus
A contractor has agreed to pay $10,000 in fines for workplace safety violations found after a worker died at an Indiana University construction site.
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.
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.