Articles

Court upholds judgment for doctor, health care center

A woman who challenged the grant of summary judgment on her negligence claims in favor of the doctor who performed her breast reduction surgery and the heath care center where it was performed lost her appeal before the Indiana Court of Appeals.

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Damage of personal property not unconstitutional taking

The Indiana Court of Appeals has ruled in favor of a sanitary district in a suit against it alleging an unconstitutional taking of homeowners’ personal property after sewage backed up into their homes. The judges relied on a case from Nevada to support their decision.

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First impression issue on ‘in loco parentis’ doctrine

Until Friday, Indiana courts had never specifically addressed the application of the in loco parentis doctrine in the context of a private club sport that isn’t affiliated with a school. The Indiana Court of Appeals addressed the issue in a lawsuit against a private club volleyball coach and the volleyball club following the injury of a minor player while on private property.

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Judges divided on calculation of damages after negligence

The Indiana Court of Appeals was split in deciding whether an estate received the correct amount of damages from the Indiana Patients’ Compensation Fund. One judge believed the trial court used an incorrect approach for calculating damages because the deceased man had at least a 50 percent chance of survival before the medical negligence.

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Former auditor wins appeal on attorney fee issue

The Indiana Supreme Court decided a case seven years ago but left for another day the answer to a question about governmental attorney fees, and now that specific issue has found its way to an appeal before the state’s second-highest appellate court.

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Judges affirm insurer has no duty to defend

The Indiana Court of Appeals agreed with the trial court that a homeowner’s insurance policy is clear that the ingestion of methadone by a guest at his house and his subsequent injuries are excluded from the policy’s liability coverage.

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Appeals court reverses summary judgment for pharmacist, CVS

The Indiana Court of Appeals concluded that a pharmacist working in a Hendricks County CVS had a duty of care to a customer to either warn her of the side effects of a drug or withhold the medication. As a result, the judges reversed summary judgment in favor of the drug store and pharmacist in a negligence suit.

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SCOTUS refuses to accept two Indiana cases

The nation’s highest court has refused to take two Indiana cases, including the high-profile abuse and neglect case of 3-year-old TaJanay Bailey that revealed fatal flaws in the state’s child welfare system.

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Justices accept 4 cases

The Indiana Supreme Court took four cases for the week ending Jan. 7, including a case in which a convicted child molester asked for his sentence to be reduced but ended up having it ordered to be increased due to a sentencing error.

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Despite out-of-court agreement, COA upholds motion to strike

The Indiana Court of Appeals encourages collegiality among attorneys when it comes to resolving issues outside of court, but it had to uphold the striking of documents because they were not timely filed with the trial court. The parties’ attorneys agreed to an extension of time to reply outside of court, but the trial court had no choice but to not allow the late reply.

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Couple not negligent in baby’s death

A couple did not breach their duty to protect a baby from a dangerous condition on their property in which a 2-month-old died after his mother smothered him while the two slept on a sofa at the couple's home.

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