Denial of disability benefits upheld at 7th Circuit
Despite one doctor’s opinion that she was disabled, a woman who was denied disability benefits failed to win her case at the 7th Circuit Court of Appeals.
Personal Injury
Articles
Number injured after Indianapolis jail power outage rises to 28
Nearly 30 inmates were injured in falls or fights after a power outage plunged a privately operated jail in Indianapolis into darkness and a backup generator failed to kick on, officials said. The total reportedly injured in falls or fights was significantly higher than the initial number reported Monday.
Supreme Court dismisses restaurant negligence appeal on timeliness grounds
A trial court order denying judgment to an Indianapolis restaurant sued for negligence has been reinstated, with the Indiana Supreme Court finding no reason to allow the restaurant’s forfeited appeal of the order to proceed.
7th Circuit certifies 2 med-mal questions to Indiana Supreme Court
The 7th Circuit Court of Appeals has certified two questions to Indiana’s Supreme Court justices in a Wednesday opinion, asking for clarification in a Medical Malpractice Act dispute.
Indy law firms join forces, form Waldron Tate Bowen Funk Spandau
A small Indianapolis law firm that’s less than a decade old has grown again, this time building its staff by adding a veteran attorney to form a firm whose newest partner says is informally known around the office as “Mom and the boys.”
COA reverses ruling for INDOT, allows negligence case to proceed
Summary judgment for the state on a negligence claim brought by an injured motorist has been reversed after the Indiana Court of Appeals rejected an immunity claim and found that material factual issues remain.
COA affirms for general contractor in Lake County traffic construction dispute
A panel of the Indiana Court of Appeals has affirmed judgment for a construction company against its subcontractor after a negligence suit was brought against it following an accident that took place in a Lake County traffic pattern the companies were working on.
COVID liability immunity bills advance, but questions of scope remain
Legislation in the Indiana Senate that would protect businesses from COVID-related liability is one step closer to becoming law, having reached the full Senate floor for a successful vote on an amendment offered by the bill’s author. Meanwhile, companion legislation in the Indiana House passed out of committee this week.
Summary judgment for cemetery affirmed after parents’ fall
A couple injured while visiting their daughter’s grave will not be able to reinstate their negligence action against the cemetery where their daughter is interred after the Indiana Court of Appeals upheld summary judgment for the cemetery.
COA affirms judgment to Menard, Inc. following motorcycle crash
The Indiana Court of Appeals has affirmed a judgment favoring Menard, Inc. following a Southern Indiana motorcycle crash that occurred when a couple hit a wooden pallet in the middle of the road, injuring one rider.
Appeals panel finds for church in snowy parking lot slip-and-fall case
A woman injured after slipping in an icy church parking lot could not convince the Indiana Court of Appeals that her fall was caused by a hidden danger and that her negligence suit was wrongly decided.
COA reverses, remands for retrial on damages in car crash dispute
The Indiana Court of Appeals has reversed and remanded for retrial on the issue of damages in a negligence case brought by a Lake County woman who suffered a concussion stemming from a car crash.
COA partly revives injured woman’s claims against chiropractic clinic
The Indiana Court of Appeals has affirmed in part, reversed in part and remanded entry of summary judgment in favor of an Indianapolis chiropractic clinic in a case brought by a woman injured in a car accident.
Protester who lost eye due to tear gas sues Fort Wayne, police for excessive force
A Fort Wayne man who lost his eye during a Black Lives Matter protest after the death of George Floyd is now suing the city and local police department for excessive force and violation of his First Amendment rights.
Justices split over transfer denial in horse injury case
The Indiana Supreme Court has split over the denial of transfer in a case involving a horseback riding injury, with Justice Steven David publishing a dissent expressing concern that the “pendulum has swung too far” in sports injury cases.
Appeals court rules against Journey guitarist’s wife in Fort Wayne concert injury dispute
The wife of Journey guitarist Neal Schon could not convince the Indiana Court of Appeals on Friday that she was deprived of an opportunity to conduct additional discovery against the Allen County War Memorial Coliseum after a security guard there allegedly injured her during a concert by the rock band.
Appeals court rules for insurer in family’s UIM coverage suit
The Indiana Court of Appeals has affirmed the denial of a family’s motion for partial summary judgment against an insurance company after a car crash they were involved in left the mother seriously and permanently injured.
Justices accept Northern District’s negligence certified question
The Indiana Supreme Court has accepted a certified question on the issue negligence, granting a request to resolve a jurisdictional split within the Northern Indiana District Court over whether store managers may be liable in slip-and-fall cases.
Appeals court reinstates stabbed worshiper’s suit against Sikh temple
A worshiper’s lawsuit against the Sikh temple where he was stabbed in a 2018 confrontation was reinstated Tuesday after the Indiana Court of Appeals found the temple had notice of an escalating factional feud over leadership. The temple also “had reason to recognize the probability or likelihood of looming harm,” the panel determined.
COA rules in favor of head-butting ram’s owner in negligence case
A woman injured after being head-butted by a ram could not convince the Indiana Court of Appeals on Thursday that the trial court erred in giving certain final instructions during her unsuccessful jury trial.