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 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 found in favor of a grocery store landlord in a premise liability claim for personal injuries arising out of a vehicle-pedestrian collision in a grocery store parking lot. In Poppe v. Angell Enterprises, Inc., Paul Poppe and Susan Poppe were struck by an intoxicated driver and injured as they…
Continue reading ›As cold weather with the potential for snow and ice accumulations in store parking lots and on sidewalks approaches, the Indiana Court of Appeals’ recent decision in Pioneer Retail, LLC v. Jones is a reminder to businesses that despite not being an owner of the property, businesses can still be held liable for injuries to…
Continue reading ›The Indiana Court of Appeals recently held in Parkview Hosp. Inc. v. Am. Family Ins. Co. that a hospital was entitled to judgment as a matter of law on its hospital lien claim against an automobile insurance company that paid settlement funds directly to an injured party pursuant to an Ohio court order due to…
Continue reading ›Last week we looked at Indiana’s anti-texting statute, the unlikelihood of criminal enforcement, and asked whether punitive damages could provide an additional deterrent. We noted the first obstacle to punitive damages is Indiana’s incentive-reducing statute that takes 75% of any uninsured, punitive judgment and requires this to be paid to the State of Indiana. The…
Continue reading ›In 2011, Indiana joined the legions of States that made texting while driving illegal. Indiana Code 9-21-8-59 bans drivers from using a telecommunications device to type a text message or an email, transmit a text message or an email, or read a text message or an email. Excepted from the law is using the device…
Continue reading ›Though southwestern Indiana has dodged snow so far, temperatures are falling and icy conditions increasing. Wintry conditions inevitably lead to slips and falls, some of which will lead to serious head, neck and back injuries, broken bones, and muscle and ligament tears, strains and sprains.For many who slip and fall, their first emotion is embarrassment…
Continue reading ›When people think about personal injury cases, many automatically think about car accident injuries and ensuring car insurance companies award fair compensation to injured parties. Many people are unaware of other scenarios in which injuries are sustained by innocent victims due to the negligence of others. While the majority of personal injury claims do indeed…
Continue reading ›Fire department personnel were shocked and dismayed to respond to a recent car accident because the victim was one of their own. An intern with the Indiana fire department was the victim, and he was helping with a tow truck alongside the roadway when the accident occurred. The 20-year-old died of his injuries, which may…
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