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Indiana Court of Appeals Decisions

Indiana Court of Appeals Determined Pendleton, Indiana Motorist Owed a Duty of Care to Motorcyclist After Waiving Motorcyclist Through Intersection Indicating it was Clear

| Feb 29, 2012 | , ,

In the case of Hamilton v. Key (Cause No. 48D01-0905-CT-749), Dewayne Hamilton (the plaintiff) was riding his motorcycle and was seriously injured after a collision with another motorist at the intersection of two roads located northeast of Pendleton, Indiana. Hamilton was driving in the left southbound lane and Jacob Key (the defendant) was driving in the right southbound lane. Key…

INDIANA FATHER’S EMOTIONAL DISTRESS CLAIMS FOUND INDEPENDENT OF HIS CLAIMS FOR DAMAGES UNDER THE ADULT WRONGFUL DEATH STATUTE

| Sep 16, 2009 | , ,

In a recent decision, the Indiana Court of Appeals affirmed a ruling from the Marion Circuit Court, holding that an Indiana father who watched his son die after he was prematurely sent home from the hospital without his injuries being properly treated could recover damages for negligent infliction of emotional distress independently from damages awarded under the Adult Wrongful Death…

Indiana Supreme Court Will Take Closer Look at Exclusionary Clause in Farmer’s Personal Liability Policy with Everett Cash Mutual Insurance Company

| Sep 8, 2009 | ,

Indiana Supreme Court has granted transfer of a case involving Indiana’s workers’ compensation statute and a farmer’s insurance policy which aimed at excluding the farmer’s liability coverage. Everett Cash Mutual Insurance Company vs. Rick Taylor and Katrina Taylor, No. 02A03-0808-CV-386 (Ind. Ct. App. 2009), transfer granted (September 3, 2009). In Everett, a farmer employed an independent contractor business to paint…

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