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…
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.…
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.…
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…
We previously blogged about Indiana’s firefighter’s rule in an Indiana Court of Appeals case, Dolsen v. VeoRide, Inc., wherein the Court of Appeals found the firefighter’s rule did not bar a firefighter’s negligence claim against a possessor of land. In Dolsen, firefighter Richard Dolsen, Jr. (“Dolsen”) was injured when he…
The Indiana Court of Appeals recently reaffirmed the unavailability of damages for negligent infliction of emotional distress (NIED) in adult wrongful death medical malpractice claims. In Hyzy v. Anonymous Provider 1, Mark Hyzy filed a medical malpractice claim for the death of his mother Carolyn Hyzy. He sought various damages,…
The Indiana Supreme Court recently reaffirmed the limited scope of authority trial courts have during medical review panel proceedings in Indiana medical malpractice cases in Bojko v. Anonymous Physician. We previously wrote a blog about the Indiana Court of Appeals decision in the case. In Bojko, six patients filed medical…
The Indiana Court of Appeals recently found against a church in an Evansville premise liability lawsuit arising out of an injury a volunteer sustained while working on a project on the church’s premises. In Calvary Temple Church of Evansville, Inc. v. Kirsch, Gerard Kirsch (Kirsch), a member and trustee of…
We previously wrote a personal injury and medical malpractice blog about the decision of the Indiana Court of Appeals in Korakis v. Mem’l Hosp. of S. Bend in which the court affirmed summary judgment for three medical defendants based upon the insufficiency of the patient’s expert’s affidavit submitted to refute…
The Indiana Court of Appeals recently evaluated the timeliness of claims asserted under Indiana’s Child Wrongful Death Statute (CWDS). In Peters v. Girl Scouts of Southwest Indiana, Inc., Amanda Peters (Mother) filed a wrongful death lawsuit against the Girl Scouts of Southwest Indiana (Girl Scouts) after her eleven-year-old daughter Isabelle…