Helping You Put Your Life Back On Track After A Serious Injury
Earlier this month, the Indiana Supreme Court issued a written opinion in a premises liability case involving a woman who broke her leg while crossing a street. In the case, City of Beech Grove v. Beloat, the court determined that the city was not entitled to governmental immunity because the act of maintaining the road was not “discretionary,” as defined…
Earlier this month, a North Dakota appellate court issued a written opinion finding that a county fairground was not legally responsible for the plaintiff’s injuries sustained during a free fireworks display. The court based its decision on the state’s “recreational use statute.” The Facts of Woody v. Pembina County Annual Fair & Exhibition Association The plaintiff in the case, Woody,…
Earlier last month, the Supreme Court of Appeals of West Virginia released an opinion regarding an incident of road rage that went too far, resulting in serious injury to one of the drivers involved. In the case, Phillips v. Stear, the court reversed a lower court’s opinion that had found that the plaintiff failed to make out his case against…
When a party takes a case to trial and does not get the result they had hoped for, they can sometimes appeal the lower court’s decision to an appellate court to have the case reviewed. Most states, including Indiana, have three levels of courts: trial, intermediate appellate, and supreme. As the name implies, the trial court is where a trial takes…
Earlier this month, a federal appellate court issued an opinion in a case that began when a truck carrying a large piece of logging equipment got too close to the side of a bridge as it crossed. The logging equipment came free, ultimately crashing into a passing car. The specific issue in the case was whether the truck driver’s employer…
Earlier this month, one state’s supreme court heard an appeal in a personal injury case in which the jury found that the defendant was liable for causing the accident but awarded the plaintiff zero dollars as compensation. Lowman v. State Farm Mutual Auto Insurance Company: The Facts In the case, Lowman v. State Farm Mutual Auto Insurance Company, the plaintiff was…
The New York Court of Appeals, which is the highest state appellate court in New York, recently released a decision affirming two lower court decisions to exclude a plaintiff’s proposed expert witnesses in a personal injury case filed on behalf of a child who was born with serious birth defects and disabilities alleged to have resulted from his mother inhaling…
The United States Seventh Circuit Court of Appeals recently affirmed a lower court’s decision against an Indiana man who lost his foot in a crane accident. The court agreed with the district court’s grant of summary judgment to the defendant in the case, which involved a plaintiff who was injured when a crane he had leased from the defendant allegedly…
All cases that arise under Indiana law are filed in either civil or criminal court. Criminal cases are brought by the government against a person accused of violating the state’s criminal laws. Civil cases, on the other hand, arise when an accident victim is hurt due to another’s negligent, intentional, or reckless conduct. In some situations, however, an accident can result in…
Recently, a woman sued the Iowa Department of Transportation after her husband was killed on a local highway. However, before she was able to bring her suit in court, she was required to file a claim with her state’s appeal board, an administrative agency. According to the court’s written opinion, the woman’s husband died in a motorcycle accident. She filed…