Indiana Personal Injury Lawyer and Medical Malpractice Attorney Blog

Last year we wrote a blog about the tragic case of Indianapolis Pub. Transportation Corp. v. Bush in which Michael Rex Fergerson (“Fergerson”) was killed as he tried to board a bus operated by Indianapolis’s IndyGo, a governmental entity. The Indiana Supreme Court has now issued its opinion. Fergerson was 63 years old and a chronic alcoholic.…

The Indiana Court of Appeals recently affirmed summary judgment in favor of the City of Indianapolis in a lawsuit brought by an electric scooter operator who was injured when his scooter hit a large hole filled with gravel in an Indianapolis sidewalk. In Areche v. Indianapolis Dep’t of Pub. Works, Eliezer Areche (Areche), a Florida resident…

Indiana is unique to most other states in that medical malpractice cases in Indiana must first be presented to a medical review panel before they can be prosecuted in state court. The medical review panel process can easily add years to the time it takes to litigate a case to conclusion. Importantly, the very first…

On June 26, 2025, the Indiana Supreme Court issued a significant opinion in Abbas v. Neter-Nu, a medical malpractice case involving a below-the-knee amputation following allegedly negligent care at Methodist Hospital in Gary, Indiana. The decision affirms a jury verdict for the patient while clarifying important principles of Indiana medical malpractice law—including how verdicts against multiple…

In one of our previous blogs, we wrote about the opinion of the Indiana Court of Appeals in Isgrig v. Trustees of Indiana University. Recently, the Indiana Supreme Court accepted transfer and issued a decision clarifying the applicability of res ipsa loquitur in premise liability cases. Kiera Isgrig (Isgrig), a student at Indiana University in Bloomington, suffered injuries…

The Indiana Court of Appeals recently reversed the grant of summary judgment to a dog owner in an Indiana dog bite personal injury case. In McElhany v. Grisham, Peggy McElhany (McElhany) was bitten by a pit bull-mix dog named Gus while working as a cashier at an Avon Rural King. Elizabeth Jordan (Jordan) owned Gus. Jordan’s…

The Indiana Court of Appeals recently found a hospital spoliated video camera evidence in a premise liability trip-and-fall personal injury case. In Rosen v. Cmty. Healthcare Sys., Caryl Rosen (Rosen) went to Community Hospital in Munster, Indiana to pick up her husband. As she was leaving the hospital, she tripped and fell over a floor mat…

The Indiana Supreme Court recently issued a decision in Calvary Temple Church of Evansville, Inc. v. Kirsch, clarifying the scope of liability protections for nonprofit religious organizations when individuals sustain injuries on church property. The ruling strengthens protections for churches under Indiana Code § 34-31-7-2, which limits the duties a church owes to invitees on…

The Indiana Supreme Court recently resolved an issue of first impression in Indiana regarding the ability of parties to access smartphone data in discovery. In Jennings v. Smiley, Jessica Smiley (Smiley) was driving north on Westfield Boulevard in Carmel, Indiana during rush hour and struck a pedestrian, Charles Jennings (Jennings), while he was crossing the road.…

The Indiana Court of Appeals recently reversed the grant of summary judgment to CVS Pharmacy finding a reasonable fact-finder could conclude that a security guard at one of its stores was acting as an employee when he intimidated, confined, and pointed a gun at a patron. In Cardenas v. Hook-SupeRx, L.L.C., 19-year-old Adrian Cardenas (“Cardenas”) visited…