Have you ever wondered what would happen if you were just walking down the street and out of nowhere something fell on you and seriously injured you? If this thought has crossed your mind then you may have followed it down the logical trail and realized the serious...
Year: 2012
Filing Claims Against the State Government
We have all seen it on TV or in a movie; a smoke filled room nestled away in some big city police station with a wily old veteran detective staring down a perp trying to get him to crack. Then, the suspect shoots back, “You got nothin’ on me. That was 10 years ago....
Indiana Court of Appeals Revisits Enforceability of Liquidated Damages
This past week the Indiana Court of Appeals had an opportunity to revisit and to further develop Indiana breach of contract law. Specifically, the court weighed in on the issue of whether the requirement of the payment of $100,000 in earnest money for the $4 million...
Understanding the Appeals Process
A few months ago, in this author’s first post for the Hoosier Litigation Blog, Think Before You Wave, we discussed the Indiana Court of Appeals decision in Key v. Hamilton. That decision was issued on February 28, 2012, however, it may surprise you that the case was...
Indiana Guest Statute Not Applicable to Persons Outside of Vehicle
This past week the Indiana Supreme Court had an opportunity to address the role of the Indiana Guest Statute to a person who was injured while outside of a vehicle and attempting to direct the driver while parking. The Indiana Guest Statuteprovides that “[t]he owner,...
Infliction of Emotional Distress: The Law Behind Court Ruling on Case Involving Mishandling of Remains of 750-Pound Woman
Many of you, like me, may have recently read an article in the Indianapolis Star entitled Court rules 750-pound woman’s family can sue coroner over treatment of her dead body and wondered what exactly the case was about. The story in the Star is an eye-catching title...
Damages Pt. 12 — Contract Damages
This week’s post, brought to you by the attorneys at Pavlack Law, seeks to explain the various damages that can be recovered for the breach of a contract. Before jumping into the damages aspect it is important to realize that in a technical legal sense a contract is...
How Does a Class Action Case Work?
This week the attorneys here at Pavlack Law are taking a brief respite from the series on damages to discuss the basics of how Class Action law works. Recently, we have been in contact with many of the persons who suffered losses as a result of the fire and defective...
Damages Pt. 11 — Wrongful Death
In this week’s installment of the ongoing series on damages the attorneys here at Pavlack Law discuss both the ability to recover damages and to whom damages may be awarded under Indiana’s Wrongful Death Statute. In order to understand how Indiana’s Wrongful Death...
Damages Pt. 10 — Punitive Damages Under Indiana Law
It is one of the most well known phrases in all of the law of damages. Almost everyone has heard the term punitive damages. It is what took a $160,000 personal injury case against McDonalds into a jury award of $2.86 million. However, few have a grasp on this area of...