Slain woman’s parents reach settlement in insurance suit
The parents of a northwestern Indiana woman who was fatally shot in 2011 have reached a settlement with an insurance company over damages in connection with the man convicted in her killing.
Negligence
Articles
Mediation halts negligence insurance question in murder
The Indiana Supreme Court is no longer tasked with providing clarification on two conflicting rulings related to insurance coverage for parties accused of acting negligently when a co-insured is accused of acting intentionally or criminally, now that the parties to the underlying case have submitted the case for mediation.
Family of woman who had reaction to scan dye wins $29.5M
A jury in Orange City, Iowa, has awarded $29.5 million to the family of a northwest Iowa woman who died after she had an allergic reaction to a dye she was given for a medical scan.
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.
Appeals court hears suit from owner of dog killed by DNR trap
While walking her dogs through Versailles State Park one unseasonably warm afternoon in December 2011, Melodie Liddle heard her 9-year-old beagle, Copper, yelping after becoming caught in a hidden raccoon trap. The Court of Appeals is weighing the state’s liability in the case and whether Liddle’s complaint is time-barred.
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.
Judgment for podiatrist who failed to keep records affirmed
The Indiana Court of Appeals has affirmed summary judgment for a podiatrist facing a medical malpractice claim, but opined that his failure to keep adequate medical records should have been grounds to allow the claim against him to continue.
Appellate court allows child molest negligence case to proceed against grandmother
A grandmother must face a negligence claim filed by her daughter and her granddaughter after the Indiana Court of Appeals found issues of fact as to whether the grandmother negligently allowed her grandchild to be molested by her husband, who she knew had a previous child molesting conviction.
COA allows negligence case against Steak ‘n Shake to proceed
A negligence case against an Indiana Steak ‘n Shake restaurant will proceed to trial after the Indiana Court of Appeals determined the restaurant owed a duty to protect one of its patrons from a third-party injury, making summary judgment inappropriate.
White ex-basketball coach’s reverse discrimination suit may proceed
A federal judge ruled Tuesday that a former coach of a South Bend high school basketball powerhouse who claimed he was forced out because he was white may proceed with a discrimination suit against the school corporation.
Justices take certified question on coverage of ‘negligent’ insureds
The Indiana Supreme Court will provide clarification on two conflicting rulings related to insurance coverage for parties accused of acting negligently when a co-insured is accused of acting intentionally or criminally.
Negligence suit from bicyclist hit by officer’s car remanded for trial
A negligence case against the town of Chesterton and the Porter County Drug Task Force must proceed to trial after the Indiana Court of Appeals ruled there was a genuine issue of material fact as to whether the plaintiff who brought the case was contributorily negligent in the bicycle-vehicle accident.
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.
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.
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.
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.
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.
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.
7th Circuit affirms judgment for Walgreens in slip-and-fall case
The 7th Circuit Court of Appeals has affirmed summary judgment for a national drugstore chain after finding that an woman who fell in a Walgreens store in Hebron failed to prove the store had knowledge of a hazard on its premises.
COA upholds murder, neglect convictions in 3-year-old’s death
A woman convicted of neglecting and murdering her boyfriend’s 3-year-old son has lost her appeal before the Indiana Court of Appeals, which found sufficient evidence to support her conviction for the “horrific” crime.