Indiana Supreme: Evidence of Prior Alcohol Convictions Are Admissible to Support Punitive Damages Claim

Indiana Supreme: Evidence of Prior Alcohol Convictions Are Admissible to Support Punitive Damages Claim

This week we look at the final decision from long-serving Indiana Supreme Court Justice Robert Rucker, which held that evidence of prior alcohol convictions are admissible in a drunk driving case to support a claim of punitive damages. We also look briefly at two other decisions this week from the Court of Appeals of Indiana. One of those decisions held that an expert in a medical malpractice case who testifies on the applicable standard of care may be cross-examined on his personal practices. The other examined the scope of the duty to warn and affirmed a jury verdict for a passenger injured when the vehicle she was in struck a semi on the side of the road, despite the driver of the car dying and being unable to testify whether he would have taken different actions had the truck driver turned on his emergency flashers.

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Indiana Supreme Court Answers Questions of Admissibility of Immigration Status in Tort Cases

Indiana Supreme Court Answers Questions of Admissibility of Immigration Status in Tort Cases

This week we look to a recent Indiana Supreme Court decision, which held that unauthorized-immigration status does not prohibit recovery of damages for diminished earning capacity in tort cases. The court also created a test that requires a finding that the probability that the plaintiff will be deported to be more likely than not in order for evidence of immigration status to be admitted.

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Sorting Out New Indiana Small Claims Rule 12.1

Sorting Out New Indiana Small Claims Rule 12.1

In this installment we address the new Indiana Small Claims Rule 12.1 governing change of judge and explain considerations for an ambiguity in the rule in addressing the scenario of service upon multiple defendants on different days.

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Indiana: Injuries in Sports Drills Are Judged in Light of Sport as a Whole

Indiana: Injuries in Sports Drills Are Judged in Light of Sport as a Whole

This week's discussion revisits the question of whether a sport participant's actions outside the scope of a drill are judged by the risks of the sport as a whole or through the lens of the drill.

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Indiana Court of Appeals Answers Issue of First Impression: Calculating Damages Under Wage Payment Act

Indiana Court of Appeals Answers Issue of First Impression: Calculating Damages Under Wage Payment Act

Court of Appeals of Indiana answers a case of first impression: whether "wages" due under the Indiana Wage Payment Act post-termination is the gross wages due to the employee or the net wages after tax deductions.

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Indiana Court of Appeals: When An Employee Heading Home May Trigger Respondeat Superior

Indiana Court of Appeals: When An Employee Heading Home May Trigger Respondeat Superior

This week we discuss the recent Court of Appeals of Indiana case Hudgins v. Bemish as a catalyst to discuss when an employer may be held liable for an employee using a work truck to drive home. We also look at the doctrines of negligent hiring and negligent entrustment.

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Indiana Rejoins Minority Permitting Negligent Hiring Claims Even Where Respondeat Superior is Admitted

Indiana Rejoins Minority Permitting Negligent Hiring Claims Even Where Respondeat Superior is Admitted

This week the Indiana Court of Appeals shifted gears, abandoning 40 years of caselaw in order to revitalize a 1907 decision from the Indiana Supreme Court allowing plaintiffs to simultaneously pursue claims for negligent hiring and vicarious liability.

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Indiana Tort Claim Notice: Substantial Compliance & Standard of Review

Indiana Tort Claim Notice: Substantial Compliance & Standard of Review

Today we look at the scenarios in which a claim can proceed despite not timely filing a notice of tort claim under the Indiana Tort Claims Act. We also look at the formerly puzzling question of the proper standard of review where a plaintiff's claim is tossed at summary judgment for failure to file an ITCA notice.

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Right of Contribution By One Jointly Settling Defendant Against Another

Right of Contribution By One Jointly Settling Defendant Against Another

In this installment we look at whether a broad release that references all parties prevents a defendant that pays the plaintiff the full settlement amount from seeking contribution from jointly liable defendants and whether the voluntary payment doctrine prohibits contribution.

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Can Indiana Department of Child Services Be Liable for Disclosing Confidential Identification Information?

Can Indiana Department of Child Services Be Liable for Disclosing Confidential Identification Information?

This week we examine whether a statute that makes the identity of persons reporting child abuse confidential can be used to hold the department of child services liable where it inadvertently discloses that information. We also examine whether there might be other ways to hold the DCS liable.

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