In a matter of first impression, the Indiana Court of Appeals recently reviewed the applicability of Indiana’s Bystander Rule for emotional distress damages arising from a home gas explosion and fire. In Ceres Sols. Coop., Inc. v. Estate of Bradley, Ceres Solutions Cooperative, Inc. (“Ceres”) negligently failed to check for gas leaks in refilling a…
Continue reading ›The Seventh Circuit Court of Appeals recently addressed whether a federal district court improperly dismissed a 42 U.S.C. § 1983 (Section 1983) claim premised upon a skilled nursing home resident’s complaint that he was chemically restrained and later transferred and discharged without timely notice in violation of the Federal Nursing Home Reform Act (FNHRA). In…
Continue reading ›We previously wrote on the Indiana Court of Appeals opinion in K.G. by Next Friend Ruch v. Smith in which the Indiana Court of Appeals held that Melody Ruch (“Ruch”) could not recover damages for emotional distress arising from the sexual abuse of her child. Ruch’s disabled child was sexually abused by a school instructional…
Continue reading ›We previously wrote about the Indiana Court of Appeals opinion in Ladra v. State affirming the trial court’s grant of summary judgment in favor of the State of Indiana and the Indiana Department of Transportation (collectively “INDOT”) finding INDOT immune from liability in a lawsuit brought by Tracy Ladra (“Ladra”), who suffered injuries when her…
Continue reading ›The Indiana Court of Appeals recently affirmed the judgment of a trial court finding a paternal grandmother serving as personal representative of her deceased son had no standing to file a wrongful death case under Indiana’s Child Wrongful Death Statute (CWDS) for the death of her grandson. In Johnson v. Harris, a two-year-old boy drowned…
Continue reading ›In Griffin v. Menard, Inc., Walter Griffin and his wife (the “Griffins”) were shopping for a sink at Menards. When they found a sink they liked, Walter reached for the sink box on the shelf and when he did, the bottom of the box opened and the sink fell on him, resulting in injuries. The…
Continue reading ›We previously wrote about the Indiana Court of Appeals decision in Reece v. Tyson Fresh Meats, Inc. affirming a trial court’s grant of summary judgment in favor of a property owner finding the property owner owed no duty to the traveling public as a result of tall grass on its property. In Reece, Judy Reece…
Continue reading ›The Indiana Supreme Court recently reversed the Indiana Court of Appeals’ denial of a medical malpractice claimant’s request to amend her complaint to allege a violation of 42 U.S.C. § 1395dd, a federal law also known as the Emergency Medical Treatment and Labor Act (“EMTALA”). The claimant, Betty Miller, had sued various health-care providers under…
Continue reading ›A divided Indiana Court of Appeals recently found Michigan City immune from liability for a bicyclist’s injuries caused by a large pothole in a street. In Johnson v. City of Michigan City, Laura Johnson (“Johnson”) struck a large pothole in a street while riding her bicycle, which caused her to crash and suffer a tibial…
Continue reading ›A divided Indiana Court of Appeals recently revived a defendant’s counterclaim for personal injuries sustained in an Indiana car accident case despite the defendant’s failure to assert his counterclaim in his answer. In Pumphrey v. Jones, Melody Jones (Jones) and William Pumphrey III (Pumphrey) were involved in a car accident while Pumphrey was delivering pizzas…
Continue reading ›
