Indiana Personal Injury Lawyer and Medical Malpractice Attorney Blog

The Indiana Court of Appeals recently affirmed a trial court’s grant of summary judgment in favor of a cemetery in an Indiana premise liability case. In Lowrey v. SCI Funeral Servs., Inc., Donald Lowrey and Barbara Lowrey were visiting their daughter’s interment site at the Elm Ridge Funeral Home & Memorial Park in Muncie, Indiana.…

Non-signatories to nursing home contracts with arbitration clauses that seek to compel arbitration based upon equitable estoppel must satisfy Indiana’s established elements of equitable estoppel, the Indiana Supreme Court recently held in Doe v. Carmel Operator, LLC. As part of the admission of 77-year-old Jane Doe II (“Jane”) to Carmel Senior Living (“CSL”), an assisted…

Governmental entities in Indiana have a duty to exercise reasonable care to keep roadways and sidewalks reasonably safe for travel. However, governmental entities also enjoy immunity under certain circumstances. In two recent cases dealing with governmental immunity for losses caused by temporary conditions of roadways resulting from weather, the Indiana Court of Appeals has questioned…

Super Lawyers rates Indiana attorneys on a yearly basis in more than 70 different practice areas, including personal injury and medical malpractice. Following its completion of a peer review process, together with a patented evaluation process, the organization determines the lawyers in Indiana it will include on its Super Lawyers and Rising Stars list and…

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…

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…

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…

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…

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…

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…