Woman Whose Home Was Hit by Firework Shell Mortar and Caught on Fire Unable...
The Indiana Court of Appeals recently affirmed a trial court’s grant of partial summary judgment in favor of a fireworks company and against a homeowner whose house was set on fire by a firework shell...
View ArticleMail Carrier Unsuccessful in Dog Bite Case Against Rental Home Landlord Under...
The Indiana Court of Appeals recently affirmed a trial court’s grant of summary judgment to a rental home landlord in a lawsuit for injuries and damages brought by a mail carrier who was attacked by...
View ArticleIndiana Department of Transportation Immune From Liability in Wrongful Death...
The Indiana Court of Appeals recently affirmed a trial court’s grant of summary judgment to the Indiana Department of Transportation (INDOT) based upon immunity provided under the Indiana Tort Claims...
View ArticleNursing Home Residents May Bring Section 1983 Claims
The Supreme Court of the United States has spoken on nursing home resident rights. In a landmark decision, it has affirmed the right of nursing-home residents to sue for violations of their dignity and...
View ArticleIndiana Supreme Court Finds Issue Preclusion and Indiana’s Comparative Fault...
The Indiana Supreme Court recently affirmed a trial court’s judgment dismissing a personal injury lawsuit based upon issue preclusion and Indiana’s Comparative Fault Act. In Davidson v. State, Kathryn...
View ArticleIndiana Patient’s Compensation Fund Successfully Rejects Claim for Excess...
The Indiana Court of Appeals recently reversed a trial court’s denial of a motion for summary judgment filed by the Indiana Department of Insurance and the Indiana Patient’s Compensation Fund (the...
View ArticleIndiana Supreme Court Holds Mentally Ill Patient Who Pled Guilty to Voluntary...
The Indiana Supreme Court recently examined whether an individual who pleaded guilty but mentally ill to voluntary manslaughter can sue his mental health providers for negligence and emotional...
View ArticleIndiana Supreme Court Recognizes Public Dissemination of Private Health...
In Z.D. v. Community Health Network, Inc., the Indiana Supreme Court addressed a patient’s claim for invasion of privacy and negligence against a hospital that disclosed her private health information...
View ArticleIndiana Court of Appeals Affirms Trial Court Order Directing Patients to...
The Indiana Court of Appeals recently affirmed a trial court’s order directing patients in related medical malpractice claims to redact portions of their submissions tendered to medical review panels...
View ArticleIndiana Court of Appeals Finds Indiana’s Firefighter’s Rule Does Not Bar...
The Indiana Court of Appeals recently reviewed Indiana’s “firefighter’s rule,” ultimately ruling in favor of a firefighter injured while responding to a building fire in Fort Wayne, Indiana. In Dolsen...
View ArticleImmunity Under Indiana’s Worker’s Compensation Act Does Not Bar Claims...
The Indiana Court of Appeals recently considered whether a nurse who suffered a workplace injury can pursue a medical malpractice claim against a co-employee physician who treated the nurse for her...
View ArticleIndiana Court of Appeals Finds Res Ipsa Loquitur Precludes Summary Judgment...
The Indiana Court of Appeals recently revived a personal injury claim involving the legal doctrine of res ipsa loquitur and its applicability in the premise liability context. In Isgrig v. Trustees of...
View ArticleIndiana Supreme Court Swimming Pool Injury Opinion Examines Appropriate...
The Indiana Supreme Court recently issued a decision in a case involving a woman who was injured while swimming in a health and fitness center’s pool. The case, Pennington v. Memorial Hospital of South...
View ArticleIndiana Supreme Court Upholds Common-Law Liability for Dram Shops
In a recent decision, the Indiana Supreme Court affirmed the trial court’s denial of a motion to dismiss a negligence claim against two restaurants that served alcohol to an intoxicated driver who...
View ArticleIndiana Court of Appeals Affirms Dismissal of Father’s and Grandmother’s...
The Indiana Court of Appeals recently evaluated the timeliness of claims asserted under Indiana’s Child Wrongful Death Statute (CWDS). In Peters v. Girl Scouts of Southwest Indiana, Inc., Amanda Peters...
View ArticleIndiana Supreme Court Sets Forth New Test for Expert Affidavits in Indiana...
We previously wrote a personal injury and medical malpractice blog about the decision of the Indiana Court of Appeals in Korakis v. Mem’l Hosp. of S. Bend in which the court affirmed summary judgment...
View ArticleIndiana’s Limited Premise Liability for Churches Does Not Extend to Injuries...
The Indiana Court of Appeals recently found against a church in an Evansville premise liability lawsuit arising out of an injury a volunteer sustained while working on a project on the church’s...
View ArticleIndiana Supreme Court Reverses Trial Court Decision Ordering Redaction of...
The Indiana Supreme Court recently reaffirmed the limited scope of authority trial courts have during medical review panel proceedings in Indiana medical malpractice cases in Bojko v. Anonymous...
View ArticleDamages for Negligent Infliction of Emotional Distress Continue to be...
The Indiana Court of Appeals recently reaffirmed the unavailability of damages for negligent infliction of emotional distress (NIED) in adult wrongful death medical malpractice claims. In Hyzy v....
View ArticleIndiana Supreme Court Clarifies Indiana’s Firefighter’s Rule and Indiana’s...
We previously blogged about Indiana’s firefighter’s rule in an Indiana Court of Appeals case, Dolsen v. VeoRide, Inc., wherein the Court of Appeals found the firefighter’s rule did not bar a...
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