The Indiana Court of Appeals recently found against a church in an Evansville premise liability lawsuit arising out of an injury a volunteer sustained while working on a project on the church’s premises. In Calvary Temple Church of Evansville, Inc. v. Kirsch, Gerard Kirsch (Kirsch), a member and trustee of…
We previously wrote a personal injury and medical malpractice blog about the decision of the Indiana Court of Appeals in Korakis v. Mem’l Hosp. of S. Bend in which the court affirmed summary judgment for three medical defendants based upon the insufficiency of the patient’s expert’s affidavit submitted to refute…
The Indiana Court of Appeals recently evaluated the timeliness of claims asserted under Indiana’s Child Wrongful Death Statute (CWDS). In Peters v. Girl Scouts of Southwest Indiana, Inc., Amanda Peters (Mother) filed a wrongful death lawsuit against the Girl Scouts of Southwest Indiana (Girl Scouts) after her eleven-year-old daughter Isabelle…
In a recent decision, the Indiana Supreme Court affirmed the trial court’s denial of a motion to dismiss a negligence claim against two restaurants that served alcohol to an intoxicated driver who later caused a fatal car crash. The case, WEOC, Inc. v. Niebauer, involved the interpretation and application of Indiana’s…
The Indiana Supreme Court recently issued a decision in a case involving a woman who was injured while swimming in a health and fitness center’s pool. The case, Pennington v. Memorial Hospital of South Bend, Inc., raised several issues of premises liability and negligence against the pool owner, operator, and…
The Indiana Court of Appeals recently revived a personal injury claim involving the legal doctrine of res ipsa loquitur and its applicability in the premise liability context. In Isgrig v. Trustees of Indiana University, Kiera Isgrig (“Isgrig”) was injured while studying in a building at Indiana University Bloomington (IU) when…
The Indiana Court of Appeals recently considered whether a nurse who suffered a workplace injury can pursue a medical malpractice claim against a co-employee physician who treated the nurse for her injuries despite the exclusivity provision of Indiana’s Worker’s Compensation Act (WCA). In Gardner v. Anonymous Physician, Laurie Gardner (“Gardner”)…
The Indiana Court of Appeals recently reviewed Indiana’s “firefighter’s rule,” ultimately ruling in favor of a firefighter injured while responding to a building fire in Fort Wayne, Indiana. In Dolsen v. VeoRide, Inc., firefighter Richard Dolsen, Jr. (“Dolsen”) responded to a fire at a building owned by Sweet Real Estate…
The Indiana Court of Appeals recently affirmed a trial court’s order directing patients in related medical malpractice claims to redact portions of their submissions tendered to medical review panels formed to review the cases under the Indiana Medical Malpractice Act. In Bojko v. Anonymous Physician, 215 N.E.3d 376 (Ind. Ct.…
In Z.D. v. Community Health Network, Inc., the Indiana Supreme Court addressed a patient’s claim for invasion of privacy and negligence against a hospital that disclosed her private health information to a wrong person. Z.D. received medical care at Community Health Network’s emergency department in 2018. A hospital employee called…