Strict liability not applicable in quarry blast case, COA affirms
Strict liability isn’t the applicable standard in a case involving a blasting company whose work caused damage at a limestone quarry, the Court of Appeals of Indiana has affirmed.
Negligence
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COA reverses summary judgment, allows negligence claim against Chinese restaurant to continue
A man who sued a Chinese restaurant after he slipped on what appeared to be grease can pursue his negligence claim after the Court of Appeals of Indiana reversed the grant of summary judgment to the restaurant.
Fencing company failed to answer complaint because of excusable neglect, COA rules in reversal
It was reasonable for a fencing company that was being sued to believe its insurer would know about and handle the complaint, a split Court of Appeals of Indiana has ruled in reversing a lower court’s decision.
‘Profits over public safety’: Indianapolis files suit against Kia, Hyundai for shoddy anti-theft features
Indianapolis has joined other cities in suing Kia and Hyundai, accusing the automakers of cutting costs by forgoing security features, which has led to an increase in thefts.
Family of pregnant woman killed by speeding officer loses 7th Circuit appeal
A district court correctly dismissed a complaint alleging an Indianapolis police officer violated a woman’s 14th Amendment rights when he struck and killed her while driving to work, the 7th Circuit Court of Appeals affirmed Tuesday.
Red Lobster ‘misses the boat’ on negligence appeal, COA affirms
Seafood restaurant group Red Lobster LLC could not net a reversal from the Court of Appeals of Indiana on a ruling denying its motion for summary judgment in a negligence case.
7th Circuit reverses summary judgment for rail company in worker injury case
A reasonable jury could conclude a railroad company knew or should have known about a defective switch that led to a worker’s injury, the 7th Circuit Court of Appeals ruled in reversing a lower court’s grant of summary judgment.
IN justices asked to ditch modified impact rule for medical privacy breach cases after patient’s info was posted to Facebook
A woman whose medical information was sent to the wrong person and then shared on social media is asking the Indiana Supreme Court to do away with the modified impact rule for negligence-based medical privacy breaches.
COA: Insurance company’s negligence, spoliation claims should have survived motion to dismiss
An insurer’s claims of negligence and spoliation against a company hired for renovation work after a house fire should have survived a motion to dismiss, the Court of Appeals of Indiana has ruled in reversing a lower court’s decision.
COA: INDOT immune from liability in woman’s traffic death at Hendricks Co. intersection
The Indiana Department of Transportation is immune from liability in a case involving a woman killed in a collision at an intersection, the Court of Appeals of Indiana has affirmed.
FedEx shooting: Victims, family members sue company that distributed magazine used in shooting
Victims and family members of victims from the 2021 FedEx shooting in Indianapolis have filed a lawsuit against American Tactical Inc., the distributor of the magazine used in the shooting, alleging negligence, public nuisance and unlawful marketing.
Oil company established affirmative defenses against liability in man’s death, COA rules in reversal
An oil company sued by the widow of a man who died using its product established affirmative defenses against liability and should have been granted summary judgment, the Court of Appeals of Indiana ruled in reversing a lower court’s decision.
COA reverses, remands summary judgment denial after explosion death
An Evansville car dealer is entitled to summary judgment in an accidental death case in which a man’s widow claimed negligence, the Court of Appeals of Indiana ruled in reversing and remanding the denial of summary judgment.
Virginia teacher shot by 6-year-old student files $40 million lawsuit
A first-grade Virginia teacher who was shot and seriously wounded by her 6-year-old student filed a lawsuit Monday seeking $40 million in damages from school officials.
IN Justices to hear property damage, child molesting cases Thursday
The Indiana Supreme Court will hear oral arguments Thursday in cases involving a couple’s negligence lawsuit against the town they live in and a man’s challenge to the exclusion of evidence in his child molesting case.
Indy jury: NCAA not liable in ex-Grand Valley quarterback’s death
An Indiana jury has found the NCAA not liable in the death of a former Grand Valley State quarterback whose widow accused the college sports governing body of failing to warn college athletes about the risks of head injuries while playing football.
COA: Fired employee did not commit theft, is entitled to unemployment benefits
A fired Indiana leasing consultant will continue to get unemployment benefits after the Court of Appeals of Indiana affirmed she wasn’t let go for gross negligence.
Indiana man arrested after young boy seen playing with gun
An Indiana man faces criminal charges after a young boy was allegedly seen holding a handgun outside their apartment and pulling the trigger without firing any bullets.
COA: Carmel not liable for alleged negligence by parks department employees
A mother who sued the city of Carmel after her child was allegedly bullied and “pseudo sexually assaulted” during a camp put on by the local parks department has not convinced the Court of Appeals of Indiana that the city should be held liable.
Patient’s suit against Community Health moves ahead after diagnosis shared online
A woman whose medical diagnosis was mailed to the wrong person and then shared on social media may proceed with part of her suit against Community Health Network, the Court of Appeals of Indiana has ruled, finding genuine issues of material fact remain.