Articles

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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Defendants seek dismissal of Richmond wrongful fire death lawsuit

Defendants in a wrongful death lawsuit following a November fire that left two people dead and several others injured in eastern Indiana are asking for the case to be dismissed. Interfaith Housing Corp., Justus Property Management and others responded to the lawsuit over the death of 56-year-old Richard Wilkinson that was filed by his son, arguing the lawsuit doesn’t detail alleged negligence that led to Wilkinson’s death.

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Lawsuit filed over gay inmate’s suicide at Noble Co. jail

A northeastern Indiana county faces a wrongful death lawsuit alleging a gay inmate killed himself in its jail after being denied mental health treatment and enduring harassment over his sexuality. Markus Middleton’s partner is suing Noble County’s sheriff, jail commander and jail staff.

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Questions in med-mal case bring 7th Circuit reversal

A Fort Wayne medical malpractice insurance company got a reprieve from having to cover a multi-million verdict in a wrongful death lawsuit after the 7th Circuit Court of Appeals reversed the grant of summary judgment, finding too many questions are unanswered.

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Wrongful death suit reinstated in IPS student’s murder

The Indiana Court of Appeals reinstated a wrongful death lawsuit against Indianapolis Public Schools when it found genuine issues of material fact as to Arlington Community High School’s duty to supervise its students after a teen’s murder nearby.

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COA orders judgment for insurer after fatal shooting

An insurance company is under no obligation to defend or indemnify a southern Indiana father whose son shot and killed a man on their property, the Indiana Court of Appeals ruled, reversing a trial court order denying summary judgment for the insurer.

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Justices hear dad’s appeal of removal from son’s estate

The Indiana Supreme Court heard argument Tuesday contending the appointment of a deceased man’s father as the special administrator of his wrongful-death estate should not have been reconsidered, despite counter-arguments that he was not the best fit for the appointment.

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Indiana survivor’s suit seeks to halt duck boats

An Indiana woman whose husband and three children drowned when a duck boat sank in a Missouri lake has filed a federal lawsuit in Kansas City requesting an end to the manufacture and operation of the amphibious vehicles in the U.S. and elsewhere until they are redesigned for safety.

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7th Circuit rules for paramedic in patient-arrestee’s death

Case law does not clearly establish that a paramedic can violate a patient-arrestee’s Fourth Amendment rights by exercising medical judgment to administer a sedative in a medical emergency, the 7th Circuit Court of Appeals affirmed Wednesday.

The court ruled in the paramedic’s favor on all counts brought by the estate of a man sedated during a naked public rampage.

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