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Indiana Personal Injury Lawyer and Medical Malpractice Attorney Blog

Indiana Court of Appeals Finds Medical Malpractice Claimant Failed to Satisfy Second Prong of McKeen v. Turner Regarding Evidence of Malpractice Theory Raised Post-Panel
Barsumian Armiger

The Indiana Court of Appeals recently affirmed the grant of summary judgment in favor of an ophthalmologist in a medical malpractice case based on the Court’s precedent in McKeen v. Turner. In Radil v. Long, Ardith Radil and Larry Radil sued Dr. Kuumba Long and his group. Dr. Long had performed cataract surgery on Ardith’s…

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Indiana Court of Appeals Affirms $510,000 Jury Verdict for Woman in Indianapolis Slip-And-Fall Case
Barsumian Armiger

The Indiana Court of Appeals recently affirmed a jury’s $510,000 award in favor of an injured woman in a slip-and-fall case in Indianapolis, Indiana. In Mastellone v. Young Men’s Christian Ass’n of Greater Indianapolis, Jacqueline Mastellone (“Mastellone”) slipped and fell at an Indianapolis YMCA as she was walking back to a locker room after a…

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Indiana Court of Appeals Issues Second Opinion in Dispute Between Automobile Insurer and Hospital Concerning Hospital’s Lien Under Indiana’s Hospital Lien Act
Barsumian Armiger

Over a year and a half ago we wrote about the Indiana Court of Appeals decision in Parkview Hosp. Inc. v. Am. Family Ins. Co. (“Parkview I”) in which the Court held that Parkview Hospital (“Parkview”) was entitled to summary judgment on its hospital lien claim against American Family Insurance Company (“American Family”) after American…

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Indiana Court of Appeals Revives Stepchildren’s Wrongful Death Lawsuit Against Stepmother Based on Indiana’s Trial Rules on Substitution of Parties
Barsumian Armiger

The Indiana Court of Appeals recently revived a dismissed wrongful death case brought by two stepchildren against their stepmother for the death of their father. In Estate of Bichler by Ivy v. Bichler, Jennifer Ivy and Tyler Bichler sued their stepmother, Wanda Bichler, for the death of their father, Jeffrey Bichler. Jennifer and Tyler alleged…

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Indiana Court of Appeals Affirms Trial Court’s Grant of Summary Judgment for Car Accident Defendant Based Upon Unforeseeable Medical Emergency
Barsumian Armiger

The Indiana Court of Appeals recently affirmed the grant of summary judgment for a defendant driver in a car accident case finding the driver suffered a medical emergency that was not reasonably foreseeable. In Patrick v. Henthorn, Walter E. Patrick, III (“Patrick”) filed a lawsuit against April J. Henthorn (“Henthorn”) arising out of an intersection…

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Indiana Supreme Court Finds MCS-90 Does Not Apply to Wrongful Death Truck Crash Involving Truck Transporting Non-Hazardous Cargo Intrastate
Barsumian Armiger

We previously discussed the potential significance of an MCS-90 insurance policy endorsement in a truck accident case in discussing Prime Insurance Co. v. Wright. Such an endorsement is considered a guarantee of sorts, or suretyship, by an insurance company that a federally-regulated motor carrier will meet its public financial responsibility obligation under the Motor Carrier…

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Indiana Supreme Court Adopts Restatement (Second) of Agency Section 267 and Finds Genuine Issue of Material Fact as to Apparent Agency Relationship Between Two Medical Providers Despite No Contractual Relationship
Barsumian Armiger

We recently wrote about the Indiana Supreme Court’s decision in Arrendale v. American Imaging & MRI, LLC in which the Court held that non-hospital medical providers could be responsible for the negligent acts or omissions of their independent contractors through apparent agency. The same day the Court issued its opinion in Arrendale, the Court also…

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Indiana Supreme Court Holds Apparent Agency Principles in Sword and Restatement (Second) of Torts Section 429 Apply to Non-Hospital Medical Providers
Barsumian Armiger

We previously wrote about the Indiana Court of Appeals decision in Arrendale v. Am. Imaging & MRI, LLC in which the Indiana Court of Appeals held that the apparent agency principles set forth in the Indiana Supreme Court’s opinion in Sword v. NKC Hosps., Inc., 714 N.E.2d 142 (Ind. 1999) and Restatement (Second) of Torts…

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Indiana Court of Appeals Finds Landowner Not Liable for Dog Attacking Child on Landowner’s Rental Property
Barsumian Armiger

The Indiana Court of Appeals recently held that a duplex rental owner could not be held liable for injuries to a child attacked by a lessee’s dog. In Marchino as next friend Marchino v. Stines, Rex Lott (“Lott”) owned and rented a duplex property in Indianapolis, Indiana. Matthew Marchino (“Marchino”) and his family, including his…

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Indiana Court of Appeals Finds Public School Not Immune from Liability for Making Seven-Year-Old Child Walk Over a Mile Home Instead of Riding on School Bus
Barsumian Armiger

The Indiana Court of Appeals recently revived a parents’ case filed against a public school for mental anguish their seven-year-old son experienced when he was incorrectly directed to walk home from school instead of riding the school bus home. In Hopkins v. Indianapolis Pub. Sch., Casey Hopkins and Terry Yarbrough (the Parents), filed a lawsuit…

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Client Reviews

"My son was involved in a personal injury accident involving multiple parties. We live out of state and Mr. Barsumian graciously accepted the case after the need to change counsel presented itself, thus coming in midway. This cannot be easy for any lawyer. Once this change was made the case became a...

- Shelie

"Todd worked on a personal injury case for my family, walking us through all the legal jargon and process. We were very worried about everything, and his personal style and professionalism helped us through an extremely difficult time. Todd's integrity is beyond reproach."

- Anonymous

"Todd is an amazing attorney and an even better person. He went above and beyond to help us win our case. We had obstacle after obstacle and he never slowed down in working for us! There is no question, if we never needed an attorney again, he will be our go to guy!!"

- Kayla