The Indiana Supreme Court recently issued a decision in Calvary Temple Church of Evansville, Inc. v. Kirsch, clarifying the scope of liability protections for nonprofit religious organizations when individuals sustain injuries on church property. The ruling strengthens protections for churches under Indiana Code § 34-31-7-2, which limits the duties a church owes to invitees on…
Continue reading ›The Indiana Supreme Court recently resolved an issue of first impression in Indiana regarding the ability of parties to access smartphone data in discovery. In Jennings v. Smiley, Jessica Smiley (Smiley) was driving north on Westfield Boulevard in Carmel, Indiana during rush hour and struck a pedestrian, Charles Jennings (Jennings), while he was crossing the road.…
Continue reading ›The Indiana Court of Appeals recently reversed the grant of summary judgment to CVS Pharmacy finding a reasonable fact-finder could conclude that a security guard at one of its stores was acting as an employee when he intimidated, confined, and pointed a gun at a patron. In Cardenas v. Hook-SupeRx, L.L.C., 19-year-old Adrian Cardenas (“Cardenas”) visited…
Continue reading ›We previously wrote a blog on the Indiana Court of Appeals decision in Indiana Dep’t of Ins. V. Doe, in which the Court of Appeals found in favor of the Indiana Patient’s Compensation Fund (the Fund) in a claim for excess compensation based upon a pediatrician’s sexual assault of a patient and a hospital’s negligent credentialing…
Continue reading ›In a landmark legal action filed in the Court of Common Pleas of Philadelphia County, plaintiff Bryce Martinez has taken on major food corporations, accusing them of causing widespread health issues through the manufacture and marketing of ultra-processed foods (UPF). Here’s a comprehensive look at this significant case, which could have broad implications for consumers,…
Continue reading ›In recent legal developments, a series of lawsuits has been filed against Pfizer, the manufacturer of Depo-Provera, a widely used injectable contraceptive. These lawsuits allege that the use of Depo-Provera has been linked to an increased risk of developing brain tumors, particularly meningiomas. Here’s an in-depth look at this emerging legal issue, including what it…
Continue reading ›The Indiana Court of Appeals recently reversed a $6,000,000.00 jury verdict in a wrongful death case in which an Indianapolis bus ran over and killed a pedestrian attempting to board the bus because the Court found—unlike the jury that decided the case, the judge who ruled on the case, and a dissenting member of the…
Continue reading ›2 for 1: Filing Two Medical Malpractice Claims for One Injury Jonathan Armiger, Barsumian Armiger LLC Medical malpractice attorneys must sometimes confront the question: To what extent can one pursue separate claims for medical malpractice when there is only one resulting injury? Another question is why one would want to. In considering both questions, one…
Continue reading ›The Indiana Court of Appeals recently found against Amazon in two related cases, one involving personal injury and one involving wrongful death, finding Amazon owed a duty of care to two truck drivers injured on an abutting public road while attempting to deliver goods to one of Amazon’s fulfillment centers. In Oukbu v. Amazon, Mahari…
Continue reading ›The Indiana Court of Appeals recently affirmed a trial court’s denial of an Indiana Trial Rule 12(B)(6) motion to dismiss filed by a truck driver and trucking company in a semi-truck accident case involving a truck driver’s failure to warn another truck driver of a disabled vehicle in the roadway that both truck drivers ultimately…
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