Articles Posted in Car Accidents

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 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…

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…

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 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 which she was riding as…

In our last blog, we wrote about Erie Ins. Exch. v. Craighead in which the Indiana Court of Appeals held car insurance companies do not get setoffs against underinsured motorist (UIM) limits for payments made to their insureds under medical payments coverages. The day after the Court’s decision in Craighead, the Indiana Court of Appeals…

The Indiana Court of Appeals recently held that automobile insurers do not get a setoff against underinsured motorist (UIM) limits above the statutory minimum of $50,000.00 for payments made by insurers under medical payments coverage (MPC). In Erie Ins. Exch. v. Craighead, Olivia Craighead (Craighead) was injured in a single-vehicle car crash while riding as…

Over a year and a half ago we wrote about the Indiana Court of Appeals decision in Parkview Hosp. Inc. v. Am. Family Ins. Co. (“Parkview I”) in which the Court held that Parkview Hospital (“Parkview”) was entitled to summary judgment on its hospital lien claim against American Family Insurance Company (“American Family”) after American…

The Indiana Court of Appeals recently affirmed the grant of summary judgment for a defendant driver in a car accident case finding the driver suffered a medical emergency that was not reasonably foreseeable. In Patrick v. Henthorn, Walter E. Patrick, III (“Patrick”) filed a lawsuit against April J. Henthorn (“Henthorn”) arising out of an intersection…