Supreme Court sends dispute over Fosamax back to lower court
The Supreme Court is sending a dispute between drugmaker Merck and patients who used its bone-strengthening drug Fosamax back to a lower court.
Negligence
Articles
Man’s failure to wear hardhat didn’t cause tree cutting injury, 7th Circuit rules
A man who was nearly killed in a tree cutting accident successfully appealed his negligence claims to the 7th Circuit Court of Appeals, which found error with the admission of evidence that he was not wearing certain safety equipment at the time of the incident.
Reversal: Sporting goods store not liable in angry woman’s shooting of boyfriend
A man who brought negligence claims against a sporting goods store that he alleged unlawfully sold a firearm to his girlfriend, who later shot him with it, cannot continue with his complaint after the Indiana Court of Appeals found the store was immune from liability.
Appellate court: Bar owed duty to patron injured in parking lot fight
A Lake County sports bar should have contemplated that rowdy behavior might take place outside the facility at closing time, the Indiana Court of Appeals ruled Tuesday, finding the bar failed to prove it had no duty to protect a patron who was seriously injured in such a fight.
Neighbors’ Right-to Farm Act constitutional challenge fails
A constitutional challenge to Indiana’s Right To Farm Act was tossed by the Indiana Court of Appeals, rejecting neighbors’ claims that an 8,000-hog concentrated animal feeding operation has deprived them of their long-vested property rights.
Seriously injured truck driver’s suit against Celadon reinstated
A semi-truck driver who was seriously injured after the contents of his trailer fell on him upon opening the door after transport won partial judgment against the trucking company responsible for loading the trailer when an appellate panel found the company owed him a duty of care.
Reversal: No valid settlement in Crown Point bicycle crash
Years after three Crown Point bicyclists sued each other for negligence after a crash, the Indiana Court of Appeals reversed an order and implementation of a settlement agreement when it found the parties had never come to a valid agreement.
COA upholds UIM benefits less than liability coverage
The Indiana Court of Appeals affirmed a grant of judgment to an insurance company despite a man’s contentions of error in allowing the policy’s coverage of underinsured motorist benefits to be less than its underlying liability coverage.
COA reverses civil ruling for alleged drunken driver
The victim of an alleged drunken driving accident will have the opportunity to seek punitive damages after the Indiana Court of Appeals determined summary judgment for the allegedly drunken driver was not appropriate.
Lawsuit: St. Joseph County sheriff’s office negligent in inmate death
A federal lawsuit accuses a northern Indiana sheriff’s department of negligence after an inmate who allegedly was suffering from drug withdrawal symptoms killed himself.
Teenager hit by train gets no relief in appeal to 7th Circuit
A 17-year-old who was found to be more than 50 percent at fault for the injuries he sustained from running in front of a moving train was unable to convince the 7th Circuit Court of Appeals that he had no warning the locomotive was coming down the tracks.
Defendants seek dismissal of Richmond wrongful fire death lawsuit
Defendants in a wrongful death lawsuit following a November fire that left two people dead and several others injured in eastern Indiana are asking for the case to be dismissed. Interfaith Housing Corp., Justus Property Management and others responded to the lawsuit over the death of 56-year-old Richard Wilkinson that was filed by his son, arguing the lawsuit doesn’t detail alleged negligence that led to Wilkinson’s death.
1 case settled in Missouri duck boat sinking that killed 17
The company that owned a tourist boat that sank in a Missouri lake and killed 17 people has reached a settlement with relatives of two brothers who were among the victims.
Reversal: Trial court erred in rescinding settlement
The Indiana Court of Appeals reversed a trial court’s rescission of an order it gave enforcing a settlement agreement in a negligence suit. The appellate panel found the order contradicted itself.
COA reinstates nurse’s negligence claim against hospital
A woman suing a hospital for negligence after falling on property it owned successfully won over an appellate panel that found the hospital failed to designate sufficient evidence to affirmatively negate her claims.
Judgment against casino as discovery sanction affirmed
Finding a Lake Superior judge properly ordered summary judgment against a casino as a sanction for dragging its feet on discovery in an elderly man’s negligence complaint filed after a fall, the Indiana Court of Appeals affirmed and sent the case back to determine the man’s damages.
Judgment for grocery store affirmed in fatal shooting
The estate of a woman slain by a gunman in an Elkhart grocery store failed on appeal Thursday to reverse a ruling that the grocery store owed no duty to the woman because the shooting was not reasonably foreseeable.
Lawsuit: Elkhart shares responsibility for crash that killed 3
A lawsuit says the northern Indiana city of Elkhart shares responsibility for a crash that killed two children and a man who were walking along a sidewalk.
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.
COA: Stolen gun’s owner shielded from suit in fatal shooting
The Indiana Court of Appeals denied a mother’s argument of negligence against a gun owner whose stolen handgun caused the death of her son. The appellate court found the gun owner was shielded from liability under Indiana Code section 34-30-20-1.