South Bend man wins partial reversal of sewer nuisance suit
A man who sued South Bend claiming that noxious gas from city sewer lines had been forced into his home may proceed with part of his lawsuit against the city.
Negligence
Articles
Divided COA reinstates lawsuit of drunk man who fled, was hit by cars
A bar will have to face a negligence lawsuit brought by a man who was served at least one drink before he fled from a police stop in handcuffs and was hit by two cars as he tried to cross a state highway.
Ruling in favor of doctors in med mal case upheld
The trial court properly tendered a jury instruction in a medical malpractice case that advised the jury that physicians are not liable for an error in diagnosis or treatment when exercising reasonable care, the Indiana Court of Appeals held Thursday.
Lawsuit continues on railroad crossing accident case
A woman involved in a fatal car versus train accident in Boone County will be allowed to go to trial on just one of her claims: whether the railroad company failed to provide an unobstructed view at the crossing because of lack of vegetation control.
7th Circuit won’t reinstate Lauren Spierer family’s lawsuit
A civil lawsuit filed by the parents of missing Indiana University student Lauren Spierer was properly decided in favor of defendants who were among the last people to see her, the 7th Circuit Court of Appeals ruled Friday.
Indiana law applies to truck fatality, COA rules
A family’s attempt to apply Illinois law in an Indiana traffic fatality failed to overcome state court precedent, which has established that laws of the state where an accident happened govern the conduct of the parties.
Drawing the line regarding bystanders
A moped fatality case before the Indiana Supreme Court tests who may press negligent infliction of emotional distress claims.
Judges split over whether to reinstate jury verdict
The Indiana Court of Appeals ordered a jury verdict, tossed out by the trial court in a negligence case stemming from a car accident, reinstated because the judge did not follow Trial Rule 59(J). The dissenting judge believed the trial court should have the opportunity to supplement its order first.
Failure to buckle a seatbelt cannot be used to prove contributory negligence
The city of Fort Wayne will not be able to present evidence at trial that an injured passenger in a traffic accident was not wearing a seatbelt. The Indiana Court of Appeals has ruled that a violation of the state’s Seatbelt Act may not be used to prove contributory negligence.
Anderson Speedway attorney argues against track death lawsuit
Anderson Speedway's attorney has asked a judge to grant summary judgment in a lawsuit accusing the track's owners of negligence in a driver's death in a 2011 crash.
Judge allows woman’s suit over jail miscarriage to proceed
A federal judge has ruled that a northern Indiana woman can proceed with her lawsuit alleging negligence in a miscarriage she suffered while in custody.
COA affirms new trial on motorcyclist’s negligence claim
A trial court did not abuse its discretion when it set aside a jury verdict allocating 70 percent of fault to a motorcyclist who hit a dog that darted in front of his bike, the Indiana Court of Appeals ruled. The motorcyclist was injured in the accident and sued the dog’s owners.
High court makes it easier to sue government for negligence
The Supreme Court of the United States on Wednesday made it easier for people to sue the federal government for negligence, in a decision that could affect military veterans with claims of medical malpractice.
A killing in community corrections
Alan E. Cain drove on a forfeited license in March 2013, a probation violation that landed him in an Indianapolis work-release program. Sixteen days later, he was dead.
Woman may pursue negligence claim against pharmacist
The Indiana Court of Appeals sidestepped the question of whether a previous decision is valid when determining that a woman who brought a medical malpractice claim against a hospital can pursue a negligence claim against the hospital’s pharmacist. The plaintiff did not present that negligence claim before the medical review panel.
Lease doesn’t bar dentist’s slip-and-fall suit against landlord
A dentist who slipped and fell on a patch of ice outside his office may pursue a negligence and personal-injury lawsuit against his professional corporation’s landlord, the Court of Appeals affirmed Tuesday.
Counterclaims against bank dismissed for failure to state actionable claim
The Indiana Court of Appeals affirmed the decision to dismiss a woman’s counterclaims against her mortgage holder after it sought to foreclose on her home. None of her claims, which stemmed from the denial of modifying her mortgage under a new program, stated an actionable claim.
Man fails to prove Supreme Court would rule against established caselaw
The 7th Circuit Court of Appeals affirmed the grant of an insurance adjuster’s motion to dismiss it from an injured man’s lawsuit alleging negligence in how it handled his case. The judges pointed out that the Indiana Court of Appeals has held that an insurance adjuster owes no legal duty to the insured and the plaintiff didn’t show that the Indiana Supreme Court would disagree with that decision.
COA reverses summary judgment in personal injury claim, abandons volunteer doctrine
A negligence case involving a Terre Haute HVAC business and a man injured while helping move a furnace will move forward now that the Indiana Court of Appeals has reversed summary judgment in favor of the company.
7th Circuit: Jury correctly ruled in favor of gas station in personal injury suit
The District Court properly excluded an ordinance a woman sought to introduce at trial to bolster her case that a gas station should be liable for her injuries sustained after she fell off a curb walking around a display outside the gas station store, the 7th Circuit Court of Appeals ruled Tuesday.