The Indiana Supreme Court recently examined whether an individual who pleaded guilty but mentally ill to voluntary manslaughter can sue his mental health providers for negligence and emotional distress. The case presented quite a complicated procedural and factual history and, ultimately, generated a strongly worded dissent by the Chief Justice.…
The Indiana Court of Appeals recently reversed a trial court’s denial of a motion for summary judgment filed by the Indiana Department of Insurance and the Indiana Patient’s Compensation Fund (the Fund) in a negligent credentialing claim. In Indiana Dep’t of Ins. v. Doe, a doctor sexually molested a minor…
The Indiana Supreme Court recently affirmed a trial court’s judgment dismissing a personal injury lawsuit based upon issue preclusion and Indiana’s Comparative Fault Act. In Davidson v. State, Kathryn Davidson (“Davidson”) sustained severe injuries and was rendered a quadriplegic when she was ejected from the passenger seat of a semi-truck…
The Supreme Court of the United States has spoken on nursing home resident rights. In a landmark decision, it has affirmed the right of nursing-home residents to sue for violations of their dignity and freedom under federal law. The case was brought by Ivanka Talevski, whose father Gorgi suffered from…
The Indiana Court of Appeals recently affirmed a trial court’s grant of summary judgment to the Indiana Department of Transportation (INDOT) based upon immunity provided under the Indiana Tort Claims Act (ITCA), Indiana Code Chapter 34-13-3. In Cranfill v. Dep’t of Transp., Josephine Cranfill was killed when the vehicle in…
The Indiana Court of Appeals recently affirmed a trial court’s grant of summary judgment to a rental home landlord in a lawsuit for injuries and damages brought by a mail carrier who was attacked by two pit bull dogs at the landlord’s rental home. In Fields v. Gaw, Constance Gaw…
The Indiana Court of Appeals recently affirmed a trial court’s grant of partial summary judgment in favor of a fireworks company and against a homeowner whose house was set on fire by a firework shell mortar. In Hunter v. J & M Displays, Inc., J & M Displays, Inc. (J…
Penny Chappey and her husband Gregory Chappey (the Chappeys) sued a tow truck driver, Joseph Paul Storey (Storey), and his company for injuries Penny suffered when she fell from the flatbed of Storey’s tow truck while he was loading and securing her vehicle. Penny was at a CVS with her…
Imagine a situation where a general contractor enters into a contract with a property owner to build a new manufacturing facility. The general contractor hires various subcontractors to perform different tasks on the project. During the performance of one of those tasks, a subcontractor’s employee is seriously injured through no…
The Indiana Court of Appeals recently affirmed a trial court’s grant of summary judgment in favor of a homeowner in a claim against the homeowner arising from a guest’s fall on an icy sidewalk adjacent to the homeowner’s property. In Stanley v. Burns, Andrea Burns (Burns) worked for a direct…