Conviction for hit-and-run fatality affirmed
The conviction of a driver who struck and killed a woman while she walked on a busy street during a rainstorm was affirmed Monday by the Indiana Court of Appeals.
Personal Injury
Articles
COA reverses judgment for driver in fatality, rules for moped rider’s dad
The Indiana Court of Appeals Friday turned upside down a trial court’s judgment in favor of a driver who collided with a moped rider who died at the scene of the Indianapolis crash in August 2012.
COA affirms South Dakota law applies to personal injury case
A Marion Superior Court did not err when it decided that the location of an accident involving a drowsy driver – South Dakota – should be the applicable law in a case brought in Indiana.
Student sues Megabus over crash near Indianapolis
A student at Indiana University-Purdue University Indianapolis claiming permanent injuries from a Megabus crash on Interstate 65 is suing the carrier.
COA: Gas station did not commit spoliation regarding mat
The Indiana Court of Appeals affirmed a lower court’s decision to not instruct a jury in a personal injury action regarding the spoliation of evidence. Margaret Dawson, the injured party, had ample time to inspect the mat she tripped on before the store replaced it.
Garage door company on hook for $21M jury award
A Plainfield garage door company has been ordered to pay $21.3 million in damages to an Indianapolis man who suffered permanent, disabling spinal injuries in 2006 due to a malfunctioning garage door.
Deal may be near in stage collapse suit
A lawsuit filed by victims of the 2011 Indiana State Fair stage collapse appears to be nearing a settlement, a mediator's report indicates, more than three years after the fatal accident that killed seven people and injured more than 40.
Appeals court reverses summary judgment in freezing-fog fall
A medical worker who sued her employer after slipping and falling in a parking lot made slick by freezing fog may proceed with her lawsuit, a divided Court of Appeals panel ruled, reversing summary judgment in favor of a Richmond hospital.
Man cannot collect uninsured motorist coverage after accident on motorcycle
A man injured in an accident while riding a motorcycle cannot collect under his insurance policy’s uninsured motorist coverage, the Indiana Court of Appeals ruled Thursday. The judges rejected his claim that the exclusion of motorcycles violates public policy.
Too much time has passed for man to sue after rifle accident, 7th Circuit says
A lawsuit against a rifle manufacturer by an injured user was filed outside Indiana’s 10-year statute of repose for products-liability actions, the 7th Circuit Court of Appeals ruled Thursday. The man’s modification to his rifle did not extend the time he had to sue.
Justices end suit against Gary Railcats over foul-ball injury
A fan who suffered fractured facial bones and was blinded in one eye after she was struck by a foul ball at a Gary SouthShore Railcats baseball game may not proceed with a lawsuit against the team, the Indiana Supreme Court ruled Friday.
COA affirms judgment in coverage dispute between insurance companies
The Indiana Court of Appeals affirmed a trial court’s judgment regarding indemnification clauses and coverage under insurance policies. The issue came before the trial court after a worker sought compensation for severe injuries he sustained when he was electrocuted on the construction site of a Wal-Mart in Boone County.
Court rules in favor of fraternity in lawsuit following assault
The Indiana Court of Appeals has affirmed summary judgment in favor of a fraternity whose members lived in a Terre Haute private residence where a man visiting for a party was assaulted. The victim claimed the fraternity should be liable because members of the college chapter lived at the home and had some chapter items at the residence.
COA affirms $120,000 for student attacked at school
A former Gary high school student is entitled to $120,000 in damages following an attack in a hallway during school, the Indiana Court of Appeals ruled Wednesday. Gary Community School Corp. appealed the jury award.
Injured bus driver entitled to $25,000 under his insurance policy
The Indiana Supreme Court Thursday held that a man can recover the remaining $25,000 available to him under his underinsured motorist policy because he did not receive the full statutory minimum of $50,000 from the tortfeasor’s insurer.
Judges reverse summary judgment in collision case
It should be up to a judge or jury to determine whether a driver’s distance in relation to the vehicle in front of him had any impact on a collision between the driver and another vehicle on Interstate 65.
COA affirms the voiding of $500,000 default judgment against American Legion post
A Marion Superior court correctly set aside default judgment against an American Legion post after finding the method employed to serve process on the organization was not the best way to inform it of a woman’s lawsuit, the Indiana Court of Appeals ruled.
Campus fraternity chapter may be liable for alleged hazing injury
A Wabash College fraternity pledge’s injury claim resulting from alleged hazing, ruled on recently by the Indiana Supreme Court, turned not on whether he was hazed inside the frat house, but on who may be liable.
Evidence of victim’s prior offenses rightly excluded
A man convicted and sentenced to 45 years in prison for a brutal attack that left his 77-year-old victim hospitalized for months failed to persuade the Court of Appeals that evidence of the victim’s prior offenses had been wrongly excluded at his trial.
Woman’s amended complaint is within limitations period
The Indiana Court of Appeals Thursday spurned a previous ruling from the court and instead looked to a Vermont case to decide that a woman’s amended complaint should not be dismissed for being outside the statute of limitations.