Indiana Court of Appeals Allows Claim Against School for Off-Campus Death of Student to Proceed to Trial

Indiana Court of Appeals Allows Claim Against School for Off-Campus Death of Student to Proceed to Trial

This week we examine the decision Murray v. Indianapolis Public Schools, which allowed claims against a school for the off-campus death of a student. We also briefly discuss two other interesting decisions from the Indiana Court of Appeals, which were handed down this week.

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When Does a Proprietor Owe a Duty to Stop One Patron from Shooting Another? Indiana Court of Appeals Weighs In

When Does a Proprietor Owe a Duty to Stop One Patron from Shooting Another? Indiana Court of Appeals Weighs In

This week we look at the remarkable decision in Hamilton v. Steak'n Shake Operations Inc., which took a deep dive into the analyses of Goodwin v. Yeakle's Sports Bar & Grill and Rogers v. Martin to conclude that a restaurant proprietor owes a duty to take reasonable precautions to protect a "restaurant patron who has been subjected to escalating threats and taunts" from "injury resulting after the encounter culminated in physical violence."

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Indiana Court of Appeals: Woman Injured by Step Down in Aircraft Hangar to Have Her Day in Court

Indiana Court of Appeals: Woman Injured by Step Down in Aircraft Hangar to Have Her Day in Court

This week we discuss Walters v. JS Aviation, Inc., which reversed summary judgment against a woman who was injured when she missed a step down at an aircraft hangar that may not have been properly marked.

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

Indiana Supreme Court: 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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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: 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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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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Indiana Court Examines Whether Breach of Pedestrian Law is Contributory Negligence on Summary Judgment

Indiana Court Examines Whether Breach of Pedestrian Law is Contributory Negligence on Summary Judgment

This week we look at whether the violation of a statute designed to protect a pedestrian by requiring him to walk against the flow of traffic can constitute contributory negligence at summary judgment when the alternative would have been to cross a busy road without a crosswalk.

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Indiana: Failure to Wear Seatbelt Not Admissible in Personal Injury Case

Indiana: Failure to Wear Seatbelt Not Admissible in Personal Injury Case

This week's discussion focuses on a recent Indiana appellate decision affirming a motion in liming to exclude evidence that the plaintiff in personal injury case was not wearing a seatbelt at the time of the collision. We use this platform to discuss more expansively the admission of evidence of whether an injured person was wearing a seatbelt in the context of a personal injury trial.

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Indiana Supreme Court: Family of Disabled Student Who Choked to Death at School Will Have Day in Court

Indiana Supreme Court: Family of Disabled Student Who Choked to Death at School Will Have Day in Court

This installment focuses on the Indiana Supreme Court decision in Lyons v. Richmond Community School Corporation that examined the application of fraudulent concealment and the discovery rule to the Indiana Tort Claims Act and found that the parents of a severely disabled student who was allowed to choke to death on food at her school could have their day in court.

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Does Indiana’s General Wrongful Death Statute Permit Recovery of Attorney Fees? Court Says, ‘Yes’

Does Indiana’s General Wrongful Death Statute Permit Recovery of Attorney Fees? Court Says, ‘Yes’

This week's discussion looks at a case addressing a novel argument under the Indiana General Wrongful Death Statute that argued attorney fees are only available to decedents without dependents. The Court of Appeals found the statute ambiguous and, applying doctrines of interpretation, held that attorney fees are available to both decedents with and without dependents. Perhaps of greater import, the case looked to whether a contingency fee agreement between plaintiff and its counsel provides the fees to be assessed or whether a reasonable-hourly rate was to be applied. Somewhat surprisingly, the court found the contingency fee agreement to control. The full application of this decision seems certain to be the basis for a great many arguments in the future.

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Indiana Court Examines Discretionary Function Immunity After Middle School Shooting Case

Indiana Court Examines Discretionary Function Immunity After Middle School Shooting Case

This week's discussion looks to a case following from a shooting at a school in Martinsville, Indiana and explores the ability of a public school to utilize discretionary function immunity under Indiana Tort Claim's Act as well as the duty of a school to protect its students' safety.

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Indiana Supreme Court Analyzes Whether Workers’ Compensation Applies to Diminish UIM Calculation

Indiana Supreme Court Analyzes Whether Workers’ Compensation Applies to Diminish UIM Calculation

This installment is the 100th by author Colin E. Flora for the Hoosier Litigation Blog. It is also, in honor of the big one double-o mark, the first of four on the day. This post focuses on the Indiana Supreme Court's decision in Justice v. American Family Mutual Insurance Company, holding that using workers' compensation proceeds to calculate underinsured motorist (UIM) insurance coverage violates Indiana UIM statute.

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