COA: attorney fees and litigation costs allowed in child’s wrongful death
In a case of first impression, the Indiana Court of Appeals upheld the award of attorney fees in a child’s wrongful death case.
Wrongful Death
Articles
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.
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.
Judge mulls wrongful death lawsuit in baby sitter’s drowning
A judge is considering whether to dismiss a wrongful death lawsuit filed by the mother of an 18-year-old woman who drowned while baby-sitting at the home of two pastors in northwest Indiana.
COA affirms summary judgment to GEICO in parking lot altercation
Summary judgment was properly granted to an insurance company that declined to cover the cost of a judgment entered against one of its clients because the client did not have an “active relationship” with the insured vehicle at the time of the incident, the Indiana Court of Appeals held Friday.
Woman’s family sues Indiana church, pastor after drowning
The family of an 18-year-old woman who drowned in a swimming pool at her pastor's home where she had been babysitting is suing the pastor and his northwest Indiana megachurch.
COA rules that negligent hiring claim against Pizza Hut can proceed
A negligent hiring claim against Pizza Hut can continue to move through Jefferson Circuit Court after the Indiana Court of Appeals found Tuesday that the trial court erred when it granted summary judgment in favor of the pizza chain.
Reversal: Kroger must face claim for filling script in wrongful death case
Kroger must face a claim that its potential negligence in filling a prescription contributed to the death of a woman after she sought treatment for acute bronchitis, the Indiana Court of Appeals ruled Thursday in a reversal.
COA hears arguments in $25M wrongful death verdict
In a wrongful death case argued before the Indiana Court of Appeals Tuesday, the panel considered the questions of when are damages too high and when should an appellate court set aside a jury’s verdict?
Indiana councilman seeks federal probe in man’s jail death
A Lake County councilman in is calling for a federal investigation into the death of a man at the county jail who had been arrested for speeding.
Hammond: Loss of love and companionship: Tough love for minors
The situation: a single mother is killed in a crash leaving behind a young daughter. The defense attorney refuses to consider paying any damages to the young daughter beyond her 18th birthday, including for the loss of love, care and affection of her deceased mother. Can that be right?
Attorney wins $9.5M for family of man who died in rehab hospital
An Indiana attorney has won what he claims is a record amount from a wrongful death lawsuit as a Lake County jury Friday awarded the family of a man who died in a rehabilitation hospital $9.5 million.
Judge rules NCAA must go to trial in football death
A Maryland judge is refusing to drop the NCAA from a wrongful death lawsuit involving a Frostburg State University football player who suffered a head injury during practice in 2011.
Bill would allow recovery of attorney fees in all wrongful death actions
A northern Indiana senator has introduced legislation to amend Indiana’s wrongful death statute to allow for surviving families to collect attorney fees.
Court should decide if nephew is uncle’s dependent next of kin
The Indiana Court of Appeals reversed summary judgment in favor of the driver in a deadly car accident on the decedent’s nephew’s wrongful death action, finding questions exist as to whether the nephew is his uncle’s dependent next of kin.
Appeals court reinstates South Bend police wrongful death suit
A wrongful death lawsuit filed on behalf of a man who died in the custody of South Bend police was reinstated Friday by the Indiana Court of Appeals.
Justices: Survivors cannot recover attorney fees
The ambiguous phrase, “including but not limited to” in the state’s wrongful death statutes has again caught the attention of the Indiana Supreme Court, but this time the justices cautioned against broad interpretation.
Widow not entitled to attorney fees in wrongful death case
Attorney fees awarded in a wrongful death suit have been overturned by the Indiana Court of Appeals weeks after the Indiana Supreme Court weighed in on the state statute’s language.
Gibson County sued over jail inmate’s death
The estate of an inmate who died in the Gibson County Jail last year has sued the county in federal court.
INDOT not entitled to immunity in wrongful death action
The Indiana Department of Transportation failed to convince the Court of Appeals that it is entitled to discretionary function immunity under the Indiana Tort Claims Act in a wrongful death lawsuit brought by the estate of a construction worker killed while working on an interstate project.