Articles

Wave of concussion lawsuits to test NCAA’s liability

The Indianapolis-based NCAA is facing more than 300 lawsuits from former college football players who claim their concussions were mistreated, leading to medical problems spanning from headaches to depression and, in some cases, early onset Parkinson’s or Alzheimer’s disease.

Read More

Justices: Proven misuse a defense to product liability claims

The Indiana Supreme Court has upheld the grant of summary judgment to a tool manufacturer sued after a man lost his eye while using one of the manufacturer’s products, finding the man’s misuse of the tool in question was the cause of his injuries and was a complete defense to his product liability claim.

Read More

Bosma: GOP lawmaker home, recovering after crash

Indiana’s House speaker says a top-ranking Republican lawmaker is recovering at home more than a month after a serious motorcycle accident in Michigan. Speaker Brian Bosma said in a statement Thursday that House Ways and Means Chairman Tim Brown is in therapy and continues to improve.

Read More

Uninsured motorist ruling for passenger crash victim reversed

A man who won a judgment that he was covered by his auto insurance’s uninsured motorist policy after a crash that left him a quadriplegic lost the ruling in his favor Wednesday. The Indiana Court of Appeals decision could cost him millions of dollars that a jury awarded in a separate trial.

Read More

COA reverses, rules for PI attorney in subrogation dispute

The Indiana Court of Appeals reversed a trial court judgment, ordering summary judgment for a Lawrenceburg attorney facing a breach lawsuit related to his representation of a personal injury client. The appellate court ruled the insurer suing him did not timely file its subrogation claim.

Read More

Corrected exhibit slipped by COA; ‘disregard’ admonishment

The Indiana Court of Appeals, which issued a stern warning to defendants about misrepresenting their case, acknowledged an amended exhibit had been given to the trial court. While reaffirming its earlier decision, the panel noted that a harshly worded footnote criticizing defense counsel in the personal injury case "is to be disregarded."

Read More

Foreseeability rulings change negligence analyses in premises liability cases

In just 30 pages, the Indiana Supreme Court “redrew (Indiana’s) premises liability landscape,” an appellate court judge recently noted. The October 2016 rulings redefined the parameters courts — not juries — must use when determining whether the harm alleged in a negligence case was was foreseeable, giving rise to a duty.

Read More