Justices won’t hear beagle death case against DNR
Indiana Supreme Court justices declined to hear a case in which a woman sued the Department of Natural Resources after her pet beagle was killed by a concealed raccoon trap at Versailles State Park.
Negligence
Articles
Summary judgment for former sheriff reversed after sexual assault allegations against deputy
The 7th Circuit Court of Appeals has overturned summary judgment for a former Lake County sheriff sued after a local woman alleged a sheriff’s deputy sexually assaulted her while in her home, with the court finding the woman’s respondeat superior claim against the sheriff can proceed.
California class action: Scooters a public nuisance, cause unrest
A class-action lawsuit filed in Los Angeles last week is taking aim at the rising prominence of pedestrian scooters across California, claiming the scooters’ manufacturers and distributers caused a public nuisance and civil unrest. The suit seeks to have two brands of scooters that also recently appeared on Indianapolis streets banned from the state.
Judge rules for Butler in suit by ex-student accused of sex assault
A civil lawsuit against Butler University brought by a student who claims he was wrongly expelled after being falsely accused of sexual assault has ended with a judgment in favor of the university and other school personnel involved in the investigation.
COA heading northwest, southwest for oral arguments
The Indiana Court of Appeals will head northwest to start off a full week of oral arguments in Newton and Tippecanoe counties, ending its trip down south in Daviess and Gibson counties.
Justices set aside default against Greensburg landlords
A Greensburg apartment complex and its property manager will no longer be considered in default after the Indiana Supreme Court reinstated a trial court ruling that found excusable neglect justified setting aside a default judgment.
Is it food poisoning? Expert litigator explains claim evaluation
“These cases are not just someone with a tummy ache,” said William Marler, the food safety expert and attorney who launched his fledgling career after successfully representing more than 100 other Jack in The Box food-poisoning victims. Since then, he has represented hundreds of victims in some of the most serious foodborne illness outbreaks in the country, winning more than $600 million in settlements.
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.
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.
Prosecutors: Possible negligence in Missouri boat sinking
The U.S. Coast Guard has found probable cause that the sinking of a tourist boat on a Missouri lake last month that killed 17 people “resulted from the misconduct, negligence, or inattention to the duties” by the captain of the boat, according to a court motion filed Wednesday by federal prosecutors. The July 19 incident claimed the lives of nine members of one Indiana family.
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.
Survivor of duck boat sinking urges ban on such crafts
An Indiana woman whose husband and three children died when a duck boat sank last month in Missouri said Tuesday she hopes to save lives by backing an effort to ban the amphibious tourist boats.
Jury awards $289M to man who blames Roundup for cancer
A San Francisco jury’s $289 million award to a former school groundskeeper who said Monsanto’s Roundup left him dying of cancer will bolster thousands of pending cases and open the door for countless people who blame their suffering on the weed killer, the man’s lawyers said.
Malpractice verdict for doctor, barring of late expert witness affirmed
The Indiana Court of Appeals affirmed a jury verdict in favor of a doctor sued for malpractice after a patient died, finding the trial court didn’t err in limiting the plaintiff’s evidence.
Food services company sues closed Indiana college
A private college in Rensselaer that closed last year is being sued by a food service company that alleges administrators concealed the school’s dire financial situation. The company said it wouldn’t have paid for renovations at St. Joseph College had it known of the school’s fiscal problems.
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.
Bank not liable for more than $500,000 of forged checks
Two companies that were embezzled out of a half-million dollars sued the bank that processed more than 100 forged checks but couldn’t prove negligence to the Indiana Court of Appeals.
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 affirms $4.8 million prejudgment interest award after $32 million verdict
The guardianship of a woman that previously received a $32.5 million jury verdict will also receive $4.8 million in prejudgment interest after the Indiana Court of Appeals found no error in the grant of the prejudgment interest award.
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.