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Federal Statute Preempts State Products Liability Lawsuit Over Asbestos Exposure, According to Supreme Court: Kurns v. Railroad Friction Products Corp.

| Oct 18, 2012 | , ,

After decades working on repair and maintenance of railroad locomotives, a man developed malignant mesothelioma. He sued multiple companies for alleged asbestos exposure, and the executor of his estate substituted in as plaintiff upon his death. After dismissal by the district court, which was upheld by the appellate court, the U.S. Supreme Court considered the matter in Kurns v. Railroad…

Spinal Fractures, Traumatic Brain Injury, and Other Risks Posed by Trampolines, According to Pediatricians

| Oct 12, 2012 | ,

While trampolines remain a popular recreational activity for many children and teenagers, pediatricians have long warned that they pose serious dangers of debilitating spinal fractures or traumatic brain injuries. The American Academy of Pediatrics (AAP) renewed its warnings in a paper published this month in its journal, Pediatrics, reviewing the types of accidents that can occur with trampolines and the…

Two Indiana Cities Achieve Achieve High Rankings in Annual “Best Drivers” List

| Oct 5, 2012 | , , ,

Allstate Insurance released its annual “America’s Best Drivers Report” in late August, listing the cities with the lowest rates of automobile collisions, both per driver and compared to the national average. The survey ranked the two hundred largest American cities, including two cities in Indiana. Indianapolis ranked 60th, and Fort Wayne ranked 31st. Smaller cities tended to rank higher than…

Verdict for Doctor in Medical Malpractice Lawsuit Affirmed by Indiana Court of Appeals: Ruble v. Thompson

| Sep 28, 2012 | , ,

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,…

Auto Accident Lawsuit Dismissed for Non-Compliance With the Indiana Tort Claims Act

| Sep 20, 2012 | , ,

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…

Indiana Court of Appeals Rules Insurance Company for Bar Not Obligated to Pay Damages to Patrons Injured in Bar Fight

| Sep 13, 2012 | , , , ,

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…

Indiana Father Plans to Sue Department of Child Services for Wrongful Death

| Sep 6, 2012 | , , , ,

A Shelbyville man has submitted a tort claim to the Indiana Attorney General, indicating his intention to file a wrongful death lawsuit against the state’s Department of Child Services (DCS) over the death of his one year-old son. He alleges that DCS ignored warnings that the child’s mother and her boyfriend were abusing the child, and that the agency’s failure…

Indiana Supreme Court Rules in Favor of Widow of Alleged Asbestos Victim, Allows Claim Against Contractor to Proceed

| Aug 30, 2012 | , ,

After her husband allegedly died from the effects of asbestos exposure, an Indiana woman filed suit against a company that provided services to his former employer. Her wrongful death lawsuit in Gill v. Evansville Sheet Metal Works, Inc. asserted claims for products liability and contractor negligence. Although the trial court dismissed both claims, and the Court of Appeals affirmed, the…

Settlement Negotiations Over Indiana State Fair Stage Collapse Lawsuit Fall Through; Settlement from State Government Still Pending

| Aug 23, 2012 | , ,

Victims of the stage collapse at the 2011 Indiana State Fair had until August 1, 2012 to approve a proposed settlement involving the State of Indiana, the owner of the collapsed stage, and the stage’s manufacturer. The stage owner rejected the settlement plan after the deadline, saying not enough plaintiffs had agreed. The Indiana Legislature approved two separate settlement amounts…

Indiana Department of Health Says 2010 Had Highest Number of Reported Medical Errors in Five Years of Collecting Data

| Aug 13, 2012 |

The Indiana State Department of Health (ISDH) has collected medical error reports from hospitals, outpatient clinics, and other medical facilities since 2006. In that time, it has compiled data on medical errors and injuries and tracked trends. Reports from 2006 to 2010, the most recent year for which comprehensive data is available, indicate an increasing number of medical errors in…

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