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Indiana Federal Court Dismisses Products Liability Claim by Worker Whose Shirt Caught Fire, Allows Negligence Claim to Proceed: Hathaway v. Cintas Corporate Services, Inc.

| Nov 30, 2012 | , ,

A welder filed a products liability lawsuit, claiming that defects in the shirt he was wearing caused it to catch fire while he was operating a plasma torch. The suit, Hathaway v. Cintas Corporate Services, Inc., also asserted causes of action for breach of warranty and negligence. The District Court for the Northern District of Indiana granted summary judgment for…

Commercial Trucker Hours-of-Service Regulations Invoked in Wrongful Death Lawsuit

| Nov 23, 2012 | , , , ,

We recently addressed a wrongful death lawsuit brought in federal court that invokes Nebraska’s fetal death statute, and how that law differs from corresponding statutes in Indiana. The lawsuit, Baumann v. Slezak, et al, also asserts a cause of action for alleged violations of federal commercial truck driving regulations, including restrictions on the number of hours a driver may be…

Law Allowing Wrongful Death Claims for Unborn Children Used for First Time in Car Accident Lawsuit: Baumann v. Slezak, et al

| Nov 16, 2012 | , , , , , , , ,

A Nebraska law allowing wrongful death claims for unborn children is getting its first test in a federal lawsuit. The suit, Baumann v. Slezak, et al, arises from a multi-vehicle accident that killed a family of four and their unborn child. It asserts causes of action for negligence and violations of federal trucking regulations. Several states, including Indiana, have passed…

Appellate Court Overturns Worker’s $30 Million Verdict in Claim for Chemical Exposure: Solis v. BASF Corporation

| Nov 9, 2012 | , ,

An Illinois appellate court overturned a $30 million verdict in favor of a chemical-flavoring plant worker who claimed that a chemical used in popcorn butter flavoring caused him permanent lung damage. The verdict in Solis v. BASF Corporation was reportedly the largest in a series of popcorn flavoring lawsuits. The appellate court reviewed the question of whether Illinois’ statute of…

More Than Forty People in Indiana Sickened in Fungal Meningitis Outbreak; State Seeks to Revoke License of Pharmacy Where Outbreak Allegedly Originated

| Oct 31, 2012 | , ,

Indiana has been one of the hardest-hit states in a nationwide fungal meningitis outbreak that has caused more than three hundred illnesses and over twenty deaths in eighteen states. Health officials believe an injectable medication from a Massachusetts pharmacy is the source of the infection. The pharmacy has recalled the medicine and ceased its facility’s operations. It is already facing…

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…

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