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New Indiana Trial Lawyers Association President Tom Hamer talks shop and gives a preview of his plans for leading the state's plaintiffs bar.
Wrongful Death
Articles
COA to hear wrongful death appeal at Indy community center
Whether claims from a deceased man’s estate allege facts that fall under Indiana’s Medical Malpractice Act after he died from a leg injury will be argued during an Appeals on Wheels oral argument Wednesday at the Indianapolis Jewish Community Center.
Supreme Court upholds father’s removal as administrator of son’s estate
The Indiana Supreme Court has upheld the removal of a father as the special administrator of his deceased son’s estate, writing that trial courts should hold hearings on special administrator appointments to avoid confusion caused by a “race to the courthouse.”
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.
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.
1 case settled in Missouri duck boat sinking that killed 17
The company that owned a tourist boat that sank in a Missouri lake and killed 17 people has reached a settlement with relatives of two brothers who were among the victims.
Justices grant 1 transfer, deny 26 others
The Indiana Supreme Court considered petitions to transfer in 27 cases during the past week, granting just one, which also was decided last week.
Reversal: No heirs needed for estate to pursue survivor damages
The personal estate of a woman whose husband died intestate without heirs and while litigating a wrongful death suit could be able to claim survivor damages after the Indiana Supreme Court granted transfer to the estate's case and overturned two lower courts.
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.
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.
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.
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.
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.
Justices to hear estate dispute, probation revocation case
The justices of the Indiana Supreme Court will hear two oral arguments Tuesday, starting with a case involving the appointment of a special administrator to an unsupervised Marion County estate.
COA rules in Circle Centre escalator injury discovery dispute
The Indiana Court of Appeals affirmed in part, reversed in part and remanded a discovery case after it found that all but one document in dispute were either protected or non-discoverable under the work-product doctrine and attorney client privileges.
Appeal heard in fatal trucking product liability case
The Indiana Supreme Court heard oral argument Thursday morning on a product liability case, hearing a national motor company’s appeal in a matter involving a worker’s death that includes defective design claims.
Justices to hear civil forfeiture argument, 2 others
Justices to hear oral argument on civil forfeiture case, two othersThe Indiana Supreme Court will hear oral argument in three cases on Thursday, including a case dealing with the distribution of civil forfeiture proceeds.
Wrongful death suit against Fort Wayne police proceeds
The estate of a man who died from a cocaine overdose while chained to a desk in police custody may proceed with a wrongful death suit against the city of Fort Wayne, a federal court ruled.
Justices to hear semi worker wrongful death case
The Indiana Supreme Court granted transfer to two cases last week, including a decision that found a semi-tractor component manufacturer liable for the death of a construction worker.
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.