Articles

7th Circuit affirms ruling for maker in IUD liability case

The 7th Circuit Court of Appeals ruled against a woman suing a company for product liability after a piece of her implanted birth control device broke during its removal and was left inside her uterus. The decision upheld a ruling for the device maker in federal district court.

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Appellate court orders new trial for car crash victim

A man injured in a LaGrange County car crash will get a second chance to make his negligence case against the driver who allegedly caused the collision after the Indiana Court of Appeals reversed judgment in favor of the allegedly negligent driver and remanded the case for a new trial.

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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.

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COA: French Lick Resort not negligent in hotel rape

A former guest of the French Lick Resort & Casino cannot bring a negligence case against the hotel after the Indiana Court of Appeals determined the sexual attack against the guest was not foreseeable as a matter of law, making summary judgment for the resort appropriate.

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COA remands fire case for spoliation of evidence evaluation

A swimming pool manufacturer did not intentionally spoliate evidence after a fire destroyed its uninsured warehouse facility in Wolcott, but an appeals panel sent its case against a power company back to the trial court to determine the appropriate remedy, if any, for negligent spoliation.

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COA transfers daycare negligence case to Hendricks County

A negligence case against a Hendricks County church daycare accused of causing an infant’s catastrophic brain injury must be transferred to Hendricks County after the Indiana Court of Appeals determined the trial court erred in finding Marion County was a preferred venue.

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COA affirms summary judgment for estate on negligence claim

An Indiana couple trying to bring a negligence claim against the lessor of a home with an allegedly-defective handrail can pursue neither a negligence per se argument nor a private-right-of-action argument, the Indiana Court of Appeals ruled in a Tuesday opinion discussing the differences between those doctrines.

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Summary judgment for Steak ‘n Shake in patron’s shooting reversed

In a case watched closely by both the plaintiffs and defense bar, the Indiana Court of Appeals reversed summary judgment for Steak ‘n Shake after determining the chain owed a duty to a customer at an Indianapolis restaurant who was shot in the face during an escalating conflict with another patron.

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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.

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