Articles

Justices reverse, reinstate truck ‘glider kit’ wrongful death case

When does a component-part manufacturer owe no duty, as a matter of law, to install safety features that an injured party alleges are necessary? Indiana Supreme Court justices answered that question Monday, reversing judgment previously entered for a national motor company on a defective design claim after a man was crushed by a semi that had no rearview safety features.

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Justices: Trucking contract jurisdiction dispute may yield new rules

The Indiana Supreme Court affirmed the dismissal of a Hoosier trucking company’s amended complaint regarding a clause in a driver’s contract, although it found error with the dismissal’s basis on lack of personal jurisdiction. Justices also said this case will prompt consideration of rules so litigants can move to enforce contractual forum-selection clauses.

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Judgment for INDOT upheld in fatal crash litigation

Even though the Indiana Department of Transportation declined to install a traffic signal at a Tippecanoe County intersection where a deadly crash later occurred, the Indiana Court of Appeals has upheld summary judgment for the department, finding it was immune from liability under the Indiana Tort Claims Act.

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Seriously injured truck driver’s suit against Celadon reinstated

A semi-truck driver who was seriously injured after the contents of his trailer fell on him upon opening the door after transport won partial judgment against the trucking company responsible for loading the trailer when an appellate panel found the company owed him a duty of care.

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Justices: Drive-away driver properly classified as contractor

A “middleman” business that matches drivers with customers needing drive-away services properly classified one of its drivers as an independent contractor instead of an employee, the Indiana Supreme Court ruled in an opinion meant to resolve a conflict between two lower court rulings.

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Bill proposes notice for trains blocking crossings 10 minutes

After the Indiana Supreme Court struck down a state law allowing railroads to be fined for lengthy blockages of train crossings, legislation filed in the 2019 General Assembly seeks another avenue of relief for Hoosier motorists held up by trains, especially motorists driving emergency responders.

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Federal court rebuffs latest Monarch-linked liquor law challenge

An Indiana motor carrier’s attempt to transport liquor for a Michigan City wholesaler has been blocked by the Southern Indiana District Court, which found the proposed arrangement could potentially circumvent Indiana’s three-tiered alcohol distribution and sales system.

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