Jacqueline McGuire was a resident of Henderson County Healthcare Corporation’s Redbanks Skilled Nursing Facility in Henderson Kentucky. After McGuire suffered bedsores and multiple injuries while at Redbanks, McGuire was transferred to another nursing home facility where she ultimately died. McGuire’s brother, as administrator of her estate, filed a nursing home negligence lawsuit with various claims…
Continue reading ›Unlike Indiana, Kentucky has a statute, the Unfair Claims Settlement Practices Act (“UCSPA”), KRS 304.12-230, that expressly allows for bad-faith claims to be brought against liability insurers for unfair claims settlement practices. However, so-called captive insurers have taken the position that they are excluded from the law. The Kentucky Supreme Court recently addressed the issue…
Continue reading ›How does a $1,000,000 verdict in a car-accident-whiplash case become a $250,000 verdict and then ultimately become a $0 judgment? That is the query recently answered by the Seventh Circuit in Spinnenweber v. Laducer. Spinnenweber was driving a minivan on I-94 in Indiana when he was rear-ended by a truck driven by Laducer. Spinnenweber refused…
Continue reading ›The United States Court of Appeals for the Seventh Circuit recently requested the Indiana Supreme Court address two questions through a process known as certification of questions. Both Seventh Circuit Rule 52(a) and Indiana Rule of Appellate Procedure 64 recognize federal courts may seek guidance from a state’s highest court on questions arising under the…
Continue reading ›We previously wrote on the Indiana Court of Appeals’ decision in Smith v. Franklin Twp. Cmty. Sch. Corp. in which the Court of Appeals reversed a trial court’s dismissal of a personal injury lawsuit concerning a motor vehicle accident finding the pre-suit notice requirements of Indiana’s Claims Against Public Schools Act (“CAPSA”), which was enacted…
Continue reading ›The Indiana Court of Appeals recently reversed a trial court’s grant of summary judgment for an assisted living facility reaffirming long-standing Indiana precedent that in injury lawsuits arising out of the negligence of employed individuals acting within the course and scope of their employment, the plaintiff can sue 1) the employee, 2) the employer, or…
Continue reading ›Delivery of a business card to a patient during registration for a surgical procedure does not itself, as a matter of law, constitute meaningful written notice, acknowledged at the time of admission, to a patient that a physician is an independent contractor for which a hospital has no liability arising out of the doctor’s alleged…
Continue reading ›The Indiana Court of Appeals recently ruled in favor of Eric McGowen (“McGowen”) in a counterclaim filed by Bradley Montes (“Montes”) for injuries Montes suffered when he rear-ended McGowen’s semi-truck, which was stopped on a county road while McGowen was attempting to assist another motorist who had been involved in a prior car accident. The…
Continue reading ›The Indiana Court of Appeals recently affirmed a trial court’s grant of summary judgment in favor of a property owner finding it had no duty to the traveling public as a result of tall grass on its property. In Reece v. Tyson Fresh Meats, Inc., a 92-year-old motorist, Harold Moistner (“Moistner”), pulled out into an…
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…
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