What are punitive damages? Punitive damages are a creature of common law and have been allowed for under certain circumstances by Indiana’s legislature under Indiana law. Cheatham v. Pohle, 789 N.E.2d 467, 471 (Ind. 2003); Ind. Code §§ 34-51-3-0.2 to 34-51-3-6. While the purpose of compensatory damages is to make a plaintiff whole and otherwise…
Continue reading ›The Indiana Supreme Court recently issued an opinion in Horejs v. Milford, 117 N.E.3d 559 (Ind. 2019), a medical malpractice wrongful death lawsuit in Indiana concerning the availability of “survivor damages” for wrongful death, including loss of love, care, and companionship. In Horejs, the surviving widower, the statutory beneficiary under Indiana’s wrongful death statute, died…
Continue reading ›What is required of plaintiffs to protect their right to challenge the applicability of the Indiana Medical Malpractice Act when there exists a question as to whether a claim arises from medical malpractice or ordinary negligence? The Indiana Court of Appeals answered this question in Cmty. Hosps. of Indiana, Inc. v. Aspen Ins. UK Ltd.,…
Continue reading ›The Indiana Court of Appeals recently resolved an insurance dispute in an automobile accident case concerning uninsured motorist coverage. In Progressive Se. Ins. Co. v. Smith, a passenger, Smith, was injured in his own vehicle that was involved in a single-vehicle collision. Smith had given the driver, Clayton, permission to drive the vehicle when the…
Continue reading ›The Indiana Court of Appeals recently issued an opinion in St. Mary’s Ohio Valley Heart Care, LLC v. Smith concerning claims of medical malpractice against a cardiothoracic surgeon, a pathologist, and their respective medical groups arising out of a lung lobectomy performed for suspected, but not confirmed, lung cancer. During the wedge resection portion of…
Continue reading ›A recent memorandum decision from the Indiana Court of Appeals in J.B. Hunt Transport, Inc. v. Guardianship of Zak affirmed an Indiana trial court’s order awarding the guardianship of a passenger injured in a semi-truck collision $4,810,000.00 in prejudgment interest. Ten months after an Indiana jury found in favor of the passenger and against the…
Continue reading ›You have exhausted every other option with your aging parent. Keep them in their own home and stop by regularly to help with meds, food, upkeep of the home, shopping. For a while that may work and you feel good about helping your parent and giving back when they have given so much to you…
Continue reading ›A personal injury can happen in many bizarre ways. As reported by the New York Times, one of the oddest incidents leading to severe injuries and scarring was caused by a group of New York teenagers who thought throwing a frozen turkey at a car seemed like a good idea back in November of 2004.…
Continue reading ›When someone runs a stop sign and a collision occurs, the results can be devastating, even deadly. This very dangerous scenario recently led a car accident at an Indiana intersection. Car accidents of this nature can lead to legal action, both criminal and civil, particularly when alcohol plays a role in why the accident occurred.…
Continue reading ›I’m looking forward to seeing what my son thinks up for his “Trick or Treat” negotiations this year. Here is a look back to some thoughts from last year. On Halloween otherwise fiscally responsible and sensible adults spend oodles of money and countless hours to costume their children and let them visit the homes of…
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