Articles

Lawsuit filed in fatal duck boat sinking seeks $100 million

A lawsuit seeking $100 million in damages has been filed against the owners and operators of a duck boat that sank on a Missouri lake, killing 17 people, including nine Hoosiers. The federal lawsuit was filed Sunday on behalf of two members of an Indiana family who lost nine relatives when the boat sank July 19 on Table Rock Lake in Branson, Missouri.

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COA upholds reconsideration of special administrator appointment

A dispute between extended family members over who will become the special administrator of a Johnson County estate was resolved in favor of the guardians of the deceased’s children after the Indiana Court of Appeals determined that administrator appointments cannot be made based on who files a petition first.

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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.

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COA finds warehouse not liable for cargo-related deaths

An Indianapolis-based warehouse facility has been cleared of liability in a tractor-trailer accident that killed three and injured one after the Indiana Court of Appeals found the warehouse had neither a contractual nor a common law duty to the victims.

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COA reinstates wrongful death case against road contractors

A wrongful death case against a Carroll County contractor and all but one of its subcontractors will continue after the Indiana Court of Appeals found numerous material questions of fact as to whether the companies owed a duty to a man who died while driving through a construction zone in 2013.

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DTCI: My doctor is liable for how much?

As attorneys who practice frequently in the area of medical negligence, it is not uncommon to be presented with a case in which the plaintiff seeks damages under both the Medical Malpractice Act (MMA) and the Wrongful Death Act. This article describes how these statutes work together, how to apply the caps, and discusses when a provider can be responsible for paying more than the MMA cap.

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Justices weigh whether negligent hiring claim allowed against Pizza Hut

In its first oral arguments as a temporarily four-person bench, the Indiana Supreme Court considered Thursday whether the plaintiff in a wrongful death case can bring employment-based claims against an employer if the employer has admitted the employee involved in the death was acting in the scope of their employment.

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COA to hear legal malpractice appeal

A woman who lost her legal malpractice case against a law firm she said failed to timely bring negligence and wrongful death claims against the St. Joseph County Prosecutor’s office will have her day before the Indiana Court of Appeals next week.

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