Helping You Put Your Life Back On Track After A Serious Injury
Recently, an Indiana appellate court issued a ruling regarding personal injury claims resulting from participation in sports activity. According to the court’s opinion, the case involved a horse jockey who was injured while training a horse at a racetrack. The jockey was injured when another horse, which had thrown off its rider, barreled into the jockey’s horse tossing him to…
Recently, an Indiana appellate court issued a ruling regarding personal injury claims resulting from participation in sports activity. According to the court’s opinion, the case involved a horse jockey who was injured while training a horse at a racetrack. The jockey was injured when another horse, which had thrown off its rider, barreled into the jockey’s horse tossing him to…
Earlier this month, an Indiana appellate court issued a written opinion in a personal injury case involving allegations that the plaintiff was seriously injured when he was involved in an accident that was caused by the defendant, who was drunk at the time. The case presented the court with the opportunity to discuss when previous convictions for driving under the…
On December 10, 2010, the Plaintiff in Marquez v. Kobler, (Indiana Court of Appeals 2013) was on bicycle, crossing an intersection in Indianapolis, when he was hit by an oncoming car that was turning left. An ambulance responded to the accident and the man was hospitalized with injuries. The bicyclist filed an Indiana negligence lawsuit against the driver who hit…
Almost all tort actions must be brought within a certain amount of time otherwise the plaintiff is barred from bringing their suit. This is called the “statute of limitations,” and once it has run out, the plaintiff is out of luck. However, an opinion by the Court of Appeals of Indiana recently held that fraudulent concealment can act to toll…
After a jury returned a verdict in favor of the doctor in a medical malpractice case, an estate executor appealed on two questions of abuse of discretion: limitations on the scope of questions during the defendant’s deposition, and refusal of jury instructions tendered by the plaintiff. The Indiana Court of Appeals affirmed the trial court’s verdict in Ruble v. Thompson,…
An unexpected invocation of the Indiana Tort Claims Act (ITCA) led to the dismissal of an auto accident lawsuit in Schoettmer v. Wright, et al. The ITCA requires plaintiffs to serve written notice of a planned lawsuit against the state or one of its political subdivisions within 180 days of the loss. The defendant revealed in an amended pleading that…
The Indiana Court of Appeals reversed a trial court’s order granting summary judgment for the plaintiffs, and denying summary judgment for the defendants, in a dispute over insurance coverage. In Alea London, Ltd. v. Nagy, et al, two plaintiffs, who had obtained a judgment against a bar for injuries sustained in a bar fight, sued the bar’s insurance company for…
The Indiana Supreme Court has ruled that a man who was injured when his father drove into him, pinning him between two vehicles, may sue for damages. A trial court dismissed the lawsuit in Robert L. Clark, Jr. et al vs. Robert L. Clark, Sr., based on a state law that bars suit between family members in certain circumstances. The…
In Kosarko v. The Estate of Herndobler (Cause No. 45A03-1012-CT-668), the Lake County trial court denied a motor vehicle collision plaintiff prejudgment interest. Margaret Kosarko (plaintiff) was injured in an automobile accident involving Daniel Herndobler. Kosarko sued Herndobler for her injuries arising from the crash. Herndobler died while his case was pending and the administrator of his estate was substituted…