The Indiana Supreme Court recently reversed the Indiana Court of Appeals’ denial of a medical malpractice claimant’s request to amend her complaint to allege a violation of 42 U.S.C. § 1395dd, a federal law also known as the Emergency Medical Treatment and Labor Act (“EMTALA”). The claimant, Betty Miller, had sued various health-care providers under…
Continue reading ›A divided Indiana Court of Appeals recently found Michigan City immune from liability for a bicyclist’s injuries caused by a large pothole in a street. In Johnson v. City of Michigan City, Laura Johnson (“Johnson”) struck a large pothole in a street while riding her bicycle, which caused her to crash and suffer a tibial…
Continue reading ›A divided Indiana Court of Appeals recently revived a defendant’s counterclaim for personal injuries sustained in an Indiana car accident case despite the defendant’s failure to assert his counterclaim in his answer. In Pumphrey v. Jones, Melody Jones (Jones) and William Pumphrey III (Pumphrey) were involved in a car accident while Pumphrey was delivering pizzas…
Continue reading ›The Indiana Court of Appeals recently found in favor of a grocery store landlord in a premise liability claim for personal injuries arising out of a vehicle-pedestrian collision in a grocery store parking lot. In Poppe v. Angell Enterprises, Inc., Paul Poppe and Susan Poppe were struck by an intoxicated driver and injured as they…
Continue reading ›The Indiana Court of Appeals recently directed a trial court to dismiss a particular theory of liability pursued by a medical malpractice plaintiff after completion of the medical review panel process because the plaintiff’s proposed complaint did not encompass the theory. In Holsten v. Faur, Linda Holsten (“Holsten”) filed a medical malpractice and wrongful death…
Continue reading ›The Indiana Court of Appeals recently found in favor of an insurance carrier with regards to its handling of an underinsured claim in a construction zone truck accident case. In Brandell v. Secura Ins., Christopher Brandell (“Brandell”) was working construction on an Indiana interstate adjusting traffic control devices when he was hit by a truck,…
Continue reading ›The Indiana Court of Appeals recently issued an opinion allowing a deceased woman’s estate to move forward in a wrongful death lawsuit arising from the operation of a county 911 system. In Howard Cty. Sheriff’s Dep’t & Howard Cty. 911 Commc’ns v. Duke, Tammy Lynn Ford (“Ford”) called the Howard County 911 Dispatch from her…
Continue reading ›We previously blogged about the Seventh Circuit’s certified question to the Indiana Supreme Court: “Whether Indiana’s Medical Malpractice Act applies to claims brought against qualified providers for individuals who did not receive medical care from the provider, but who are injured as a result of the provider’s negligence in providing medical treatment to someone else?”…
Continue reading ›The Indiana Court of Appeals recently extended the Indiana Supreme Court’s Sword apparent agency holding to a non-hospital medical provider in Arrendale v. Am. Imaging & MRI, LLC. At issue in Sword and Arrendale was whether medical facilities could be held liable for the negligence of non-employee medical providers contracted to perform services for patients…
Continue reading ›The Indiana Court of Appeals recently reviewed whether under Indiana law the mother of a disabled child who was sexually abused by a school instructional assistant could bring a claim for the emotional distress she experienced as a result of her child’s sexual abuse. In K.G. by Next Friend Ruch v. Smith, Melody Ruch (“Ruch”)…
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