Indiana Personal Injury Lawyer and Medical Malpractice Attorney Blog

The Indiana Court of Appeals recently decided a dispute about the applicability of Indiana’s Medical Malpractice Act in a case involving an erroneous organ and tissue donor designation. In Anonymous Healthcare Provider 1 v. Foust, Russell A. Foust (Russell) died in a hospital from sepsis following a prosthetic knee infection. On the morning of his death,…

In an important legal decision, the Indiana Court of Appeals recently found that DoorDash owed a motorist “a general duty of protection from the risks and dangers of its business model and app which financially incentivize distracted or otherwise dangerous driving.” In Oller v. DoorDash, Inc., Brian Oller (“Oller”) was seriously injured when a DoorDash driver,…

In a significant decision for personal injury claimants and insurance coverage law in Indiana, the Indiana Court of Appeals reaffirmed that whether a motor vehicle is “underinsured” depends on the amount of liability coverage actually available for payment to the individual claimant, rather than the aggregate payout disbursed by the tortfeasor’s insurer to multiple parties. Writing…

The Indiana Court of Appeals recently addressed how the Indiana Tort Claims Act’s notice requirement applies when an injured person does not learn until well into litigation that the person who caused her injuries was a government employee acting within the scope of his employment. In Janowiak v. Sandage, Hannah Janowiak (“Janowiak”) was struck by…

The Indiana Court of Appeals recently decided a dispute over the amount of underinsured motorist coverage available to two individuals injured in a truck crash with an at-fault, underinsured motorist. In Cline v. Everest Nat’l Ins. Co., Michael Cline and Jacob Sofronko (“Plaintiffs”), co-workers riding in a company-owned dump truck driven by Sofronko, were severely injured…

When a patient is injured in a hospital, some of the most useful evidence about what went wrong is generated by the hospital itself, in the form of internal incident reports and subsequent reviews of the event. Whether an injured patient can actually obtain those documents in litigation, however, depends on a web of overlapping…

We previously blogged on a personal injury pothole case, Johnson v. City of Michigan City, in which a woman in Michigan City suffered a tibial plateau fracture when she hit a large pothole while riding her bicycle. In a divided opinion, the Indiana Court of Appeals affirmed the trial court’s decision finding Michigan City immune from…

We previously wrote a blog on a swimming pool injury case that the Indiana Supreme Court allowed to proceed to trial finding a material issue of fact as to the pool operator’s negligence in maintaining and operating the pool and for its role in the design of the pool. In Pennington v. Memorial Hospital of South…

The Indiana Supreme Court recently clarified the “Reece rule,” established by the Court in Reece v. Tyson Fresh Meats, Inc., 173 N.E.3d 1031 (Ind. 2021), which provides that landowners in Indiana owe a duty to passing motorists on adjacent highways not to create hazardous conditions that visit themselves upon the roadway; but when a land use or…

We previously blogged on the Indiana Court of Appeals decision in Caryl Rosen v. Community Healthcare System, where the appellate court found the trial court abused its discretion in refusing to give a spoliation jury instruction. The Indiana Supreme Court has now weighed in, vacating the Court of Appeals’ opinion and affirming the trial court’s original…