Indiana Personal Injury Case Law
Please find, below, selected case laws decided by Supreme Court of Indiana or Court of Appeals of Indiana where the terms personal injury or related terms have been mentioned. These cases are not necessarily personal injury and may include cases where the facts or court decision merely mentions personal injury related legal terms. You are not to rely on these cases as legal advice nor should you rely on them for accuracy. Please see Terms of Service.
Page 1 2 3 4 5
Gunkel v. Renovations - 2/1/2005
On Petition To Transfer from the Indiana Court of Appeals, No. 76A01-0306-CV-206
We hold that damages recoverable in tort for a defective product or service are governed by the "economic loss" doctrine whether or not the product...
Gabbard v. Dennis - 1/28/2005
FOR PUBLICATION
STATEMENT OF THE CASE
Melissa Lynn Gabbard appeals the trial court's denial of her motion for an award for attorney's fees, costs, and expenses pursuant to Indiana Code ยง 34-50-1-6 after she had made a...
Gray v. Daimler Chrysler Corp. - 1/27/2005
FOR PUBLICATION
Willene Gray appeals the dismissal of her application for adjustment of claim by the Worker's Compensation Board ("the Board"). We affirm.
Issue
Gray raises one issue for our review, which we restate...
Cavens v. Zaberdac - 1/20/2005
FOR PUBLICATION
Case Summary
Dr. Robert Cavens appeals the entry of judgment against him in the amount of $750,000 in a medical malpractice action brought by Tim Zaberdac, individually and as administrator of the estate of...
Morrison v. Sadler - 1/20/2005
FOR PUBLICATION
Case Summary
Ruth Morrison and Theresa Stephens, David Wene and David Squire, and Charlotte Egler and Dawn Egler (collectively "the Plaintiffs") appeal the trial court's dismissal of their complaint seeking...
City of South Bend - 1/18/2005
FOR PUBLICATION
The City of South Bend, Indiana and the South Bend Redevelopment Commission (collectively, the "City") appeal from the trial court's orders granting motions by Certain Underwriters at Lloyd's, London, and Certain...
Zambrana v. Armenta - 12/30/2004
FOR PUBLICATION
On November 10, 2003, after a two-day bench trial, the trial court found Jose Zambrana negligent for injuries sustained by Javier Armenta as the result of a shooting outside a bar Zambrana owned. The trial court...
Oxley v. Lenn - 12/28/2004
FOR PUBLICATION
Lana K. Oxley and Leon A. Oxley (collectively, "the Oxleys") appeal the trial court's grant of summary judgment to their former attorney, Christian Lenn, and his law firm, Raibley & Lenn, LLP (collectively,...
Kemper Insurance Companies v. Worker's Compensation Board of Indiana - 12/21/2004
FOR PUBLICATION
Case Summary
Appellant American Motorists Insurance Company, a member of the Kemper Insurance Companies ("Kemper"), appeals the order of the Worker's Compensation Board ("the Board") that Kemper is liable...
Ellenwine v. Fairley - 12/7/2004
FOR PUBLICATION
Michelle and Alvie Ellenwine ("the Parents"), as parents and natural guardians of Dustin Ellenwine, appeal from the trial court's grant of summary judgment in favor of Dr. Dawn Fairley on their claim arising out...
Ketchmark v. Northern Indiana Public Service Co. - 12/1/2004
FOR PUBLICATION
Case Summary
In this interlocutory appeal, Paul and Joan Ketchmark appeal the grant of summary judgment to Northern Indiana Public Service Company ("NIPSCO") on the Ketchmarks' claim of negligent infliction...
State Farm Mutual Automobile Insurance Co. v. Estep - 11/24/2004
FOR PUBLICATION
While operating his motorcycle, Dan Estep (Estep) was struck by a truck being driven by James D. Perkins. Estep suffered devastating injuries that rendered him quadriplegic. At the time of the accident, Perkins...
Willis v. Westerfield - 11/17/2004
FOR PUBLICATION
On rehearing, the Willises raise three issues, one of which we find dispositive; namely, whether the trial court erred by instructing the jury on the affirmative defense of failure to mitigate damages. Initially,...
City of Vincennes v. Emmons - 11/10/2004
FOR PUBLICATION
The City of Vincennes (the "City") appeals from the trial court's order finding the Vincennes Rental Housing Code (the "housing code") unconstitutional in an action by the City against landlords Kevin Emmons,...
Johnson v. Hoosier Enterprises III - 9/30/2004
FOR PUBLICATION
STATEMENT OF THE CASE
Floyd Johnson, individually, and in his capacity as Personal Representative of the Estate of Mabel Lucille Johnson (collectively "Johnson"), appeals from the trial court's order...
Coffman v. PSI Energy - 9/30/2004
FOR PUBLICATION
Appellants-plaintiffs Carl Coffman (Carl) and Deborah Coffman (Deborah), (collectively, the Coffmans) appeal the trial court's grant of summary judgment in favor of appellees-defendants PSI Energy, Inc. (PSI),...
American Home Assurance Co. v. Allen - 9/9/2004
FOR PUBLICATION
Case Summary
American Home Assurance Co. ("American Home") appeals the trial court's grant of summary judgment in favor of insurance agents Thomas G. Allen, Joe M. Gilstrap, Thomas G. Grier, James H. Nelson,...
Lytle v. Ford Motor Co. - 9/7/2004
FOR PUBLICATION
Nearly six years after we first issued an opinion in this action, this case is before us once again. Appellant-plaintiff Steven Lytle, appeals the entry of summary judgment granted in favor of appellee-defendant...
In re Cassady - 8/30/2004
Disciplinary Action
By failing to hold settlement proceeds in trust for a third-party medical provider entitled to a portion of the proceeds, and instead by disbursing those earmarked funds to himself and his client, Indianapolis...
Alexander v. PSB Lending Corp. - 12/31/2003
FOR PUBLICATION
Between October 10, 2001 and February 4, 2002, nine putative class action complaints were filed in Vanderburgh County by plaintiffs-appellants (Named Plaintiffs) on behalf of individuals and/or married couples, as...
Joyner v. Citifinancial Mortgage Co. - 12/30/2003
FOR PUBLICATION
Appellants-defendants Ivory Joyner and Denise Joyner (the Joyners) appeal the denial of their motion for relief from a default judgment in this foreclosure action brought by appellee-plaintiff Citifinancial...
Gorski v. DRR - 12/24/2003
FOR PUBLICATION
James Gorski's wife was killed in a collision with an intoxicated motorist. Gorski, as personal representative of his wife's estate, filed a wrongful death complaint against a club, arguing that the club served...
City of Gary - 12/23/2003
On Petition To Transfer from the Indiana Court of Appeals, No. 45A03-0105-CV-155
The City of Gary sued for injunctive relief and money damages for the harm it alleges is caused by the unlawful marketing and distribution of...
State v. Pelley - 12/19/2003
FOR PUBLICATION
Robert Pelley, his father ("Reverend Pelley"), and stepmother ("Dawn") engaged in counseling sessions from 1988 to 1989. In 1989, Reverend Pelley, Dawn, and Pelley's two sisters were murdered and Pelley was...
Breece v. Lugo - 12/18/2003
FOR PUBLICATION
STATEMENT OF THE CASE
Plaintiffs-Appellants James Breece ("James") and Geneva Breece ("Geneva") (collectively, "the Breeces"), both individually and on behalf of their daughter, Alicia Marie Breece...
Baker v. Heye-America - 12/9/2003
FOR PUBLICATION
Henry K. and Phyllis J. Baker appeal the trial court's grant of Heye-America's motion for summary judgment in their product liability suit, contending that genuine issues of material fact remain with regard to...
Evans v. Buffington Harbor River Boats - 12/8/2003
FOR PUBLICATION
Lorean and Henry Evans appeal following the jury trial in which Lorean was awarded damages for injuries she received in a fall upon property owned by Buffington Harbor Riverboats, LLC. They present three issues...
Weiss v. Harper - 12/4/2003
FOR PUBLICATION
In 1991, Warren and Maureen Harper entered into a home improvement contract with Weiss & Company, Inc. ("Weiss"). Upon completion of the project, the Harpers experienced water leaks and damage to the interior...
Lovings v. Cleary - 11/26/2003
FOR PUBLICATION
Case Summary
Appellant-Plaintiff Stephen M. Lovings ("Lovings") appeals a jury verdict in favor of Appellee-Defendant Adam Cleary ("Cleary") upon a personal injury claim. We reverse.
Issue ...
Johnson v. Eldridge - 11/21/2003
FOR PUBLICATION
Leighton C. Johnson, Jr., M.D. ("Dr. Johnson") appeals the trial court's judgment awarding pre-judgment interest to James and Paula Eldridge ("the Eldridges") at a rate of 8% for forty-eight months. Dr. Johnson...
Bowles v. Griffin Industries - 11/20/2003
FOR PUBLICATION
Appellant-employee Roger Dale Bowles appeals from the Full Worker's Compensation Board's (Board) decision in his case against appellee-employer Griffin Industries (Griffin) awarding him reduced permanent total...
Dzierba v. City of Michigan City - 11/10/2003
FOR PUBLICATION
Twelve-year-old Kyle Cuma was swept into Lake Michigan and drowned while attending Michigan City's Oktoberfest festival. His parents, Gregory Dzierba and Tammy Cuma (the Appellants), filed a wrongful death lawsuit...
Thayer v. Vaughan - 11/6/2003
FOR PUBLICATION
Appellants-plaintiffs Cathy and Mark Thayer ("Cathy," "Mark" or "Thayers") appeal the trial court's ruling regarding her legal malpractice claim against appellees-defendants Charles Vaughan and the law firm of...
Schlosser v. Rock Industries - 9/26/2003
FOR PUBLICATION
OPINION - FOR PUBLICATION
Case Summary
Julee Schlosser, as Administratrix of the Estate of Jocelyn Schlosser, Jordan Schlosser, Individually and on behalf of Madysen Wagoner, and Joshua Wagoner, on...
Humphreys v. Clinic for Women - 9/24/2003
On Direct Appeal
Indiana's Medicaid program will pay for a poor woman to have an abortion but only if necessary to preserve her life or if rape or incest caused her pregnancy. The plaintiffs in this case argue, and the trial...
Rambo v. Begley - 9/24/2003
FOR PUBLICATION
OPINION - FOR PUBLICATION
STATEMENT OF THE CASE
George Rambo brings this appeal from the trial court's order dismissing his proposed complaint for medical malpractice against Robert Begley, M.D., based...
Cook v. Whitsell-Sherman - 9/24/2003
On Petition To Transfer from the Indiana Court of Appeals, No. 48A04-0111-CV-493
Tamara Cook's dog bit Kenneth Whitsell-Sherman while Whitsell-Sherman was discharging his duties as a letter carrier. The liability of owners whose...
Dvorak v. City of Bloomington - 9/23/2003
On Petition To Transfer from the Indiana Court of Appeals 53A01-0105-CV-188
This appeal challenges the trial court's determination that a local zoning ordinance restricting the number of unrelated adult persons per dwelling in a...
Knoy v. Cary - 8/29/2003
FOR PUBLICATION
OPINION - FOR PUBLICATION
Joseph Cary was injured during an after hours community service project sponsored by his employer, Gemtron Corporation ("Gemtron"), due to the alleged negligence of co-worker Donald...
Tunny v. Erie Insurance Co. - 6/30/2003
FOR PUBLICATION
OPINION-FOR PUBLICATION
Bruce Tunny appeals from the trial court's grant of summary judgment which ordered that Erie Insurance ("Erie") pay him $6,914.38 as final payment on his underinsured motorist ("UIM")...
Community Hospital v. Avant - 6/26/2003
FOR PUBLICATION
OPINION-FOR PUBLICATION
Appellants-Defendants Community Hospital and Fitness Pointe Health Club ("Defendants") bring this interlocutory appeal from the trial court's order denying their motion to dismiss for...
Young v. Tri-Etch - 6/26/2003
ON PETITION TO TRANSFER
A liquor store employee was abducted and brutally beaten to death by a late-night robber. The employee's estate sued the store's alarm service for damages. The store's contract with the alarm service...
Peters v. Cummins Mental Health - 6/25/2003
FOR PUBLICATION
OPINION - FOR PUBLICATION
Case Summary
Janet Peters (Peters) appeals the grant of summary judgment in favor of Cummins Mental Health, Inc. (Cummins) on Peters' negligence and intentional infliction of...
Stroud v. Lints - 6/25/2003
Indiana Court of Appeals Cause No. 20A04-0010-CV-458
ON PETITION TO TRANSFER
Following a bench trial, the trial court in this personal injury case awarded approximately $1.4 million in compensatory and $500,000 in punitive...
Richter v. Asbestos Insulating and Roofing - 6/24/2003
FOR PUBLICATION
OPINION - FOR PUBLICATION
Appellant-plaintiff Anna Marie Richter, individually, and as administratrix of the estate of her deceased husband Terry L. Richter, Sr. (Terry), appeals the trial court's order of...
Birch v. Midwest Garage Door Systems - 6/23/2003
OPINION - FOR PUBLICATION
William and Kenna Birch, individually and as next friend to Adrienne Birch, and Adrienne Birch (collectively, the "Birches"), appeal the trial court's grant of summary judgment to J. Robinson Homes...
Holland v. Coast Midwest Transport - 6/4/2003
FOR PUBLICATION
OPINION - FOR PUBLICATION
Henry Holland appeals the denial of his claim for worker's compensation benefits by the Indiana Worker's Compensation Board. He contends that the Board erred in concluding that his...
Alliedsignal - 3/25/2003
ON INTERLOCUTORY APPEAL
Our state legislature has prescribed general rules governing lawsuits alleging injuries caused by products and special rules in asbestos cases. This opinion analyzes the interaction of these rules and...
Black v. A.C. & S. - 3/25/2003
ON PETITION TO TRANSFER
Willie Black was employed at the Gary Works plant of USX Steel from 1956 to 1983 as a blast furnace worker. During his employment, Mr. Black was exposed to and inhaled dust emitted from asbestos products....
Jurich v. Garlock - 3/25/2003
ON PETITION TO TRANSFER
Nicholas Jurich worked for Inland Steel in East Chicago, Indiana, from 1946 to 1986. It is undisputed that during the course of his employment, Mr. Jurich worked with and around various asbestos-...
Courtalliedsignal - 3/25/2003
ON PETITION TO TRANSFER
Loyd Herring was employed at Cummins Engine Co., Inc., from 1942 to 1978 as a metallurgist and brake repairman. During the course of his employment, Mr. Herring was exposed to asbestos and...
Harris v. A.C.&S; - 3/25/2003
ON PETITION TO TRANSFER
On October 18, 2000, the Indiana Court of Appeals consolidated the appeals of four plaintiffs: Willie J. Harris Jr.; Esther Serna, individually and as Special Administrator of the Estate of Louis Serna;...
Havlin v. Wabash International - 3/24/2003
FOR PUBLICATION
OPINION - FOR PUBLICATION
STATEMENT OF THE CASE
Plaintiff-Appellant Patricia Havlin (Havlin) appeals the order of the Full Worker's Compensation Board of Indiana (Board) affirming the Single Hearing...
Armstrong v. Federated Mutual Insurance Co. - 3/19/2003
FOR PUBLICATION
OPINION - FOR PUBLICATION
Robert and Lynette Armstrong's (hereinafter referred to as the Armstrongs) nineteen-year-old daughter, Hillary, was killed in an automobile accident. After recovering the limit of...
Milledge v. Oaks - 3/14/2003
Civil Transfer
Case Summary
This case presents the question of when and to what extent an injury resulting from an unexplained accident occurring in the workplace is compensable under Indiana's Worker's Compensation Act. We...
Manning-Dow v. Fox - 3/13/2003
OPINION - FOR PUBLICATION
STATEMENT OF THE CASE
Plaintiff-Appellant Joni L. Manning-Dow ("Dow") appeals the trial court's grant of a motion to set aside default judgment filed by Defendant-Appellant Natasha M. Fox ("Fox"). ...
Tincher v. Davidson - 3/10/2003
FOR PUBLICATION
OPINION - FOR PUBLICATION
Case Summary
Brian Tincher argues that the trial court erred when it awarded him post-judgment interest from the date of its entry of judgment in July 2002 instead of from the...
In re Anonymous - 3/4/2003
DISCIPLINARY ACTION
The Indiana Supreme Court Disciplinary Commission charged the two attorneys subject to this action with violating the Rules of Professional Conduct for Attorneys at Law by advertising themselves as...
Robinson v. Gazvoda - 3/4/2003
FOR PUBLICATION
OPINION - FOR PUBLICATION
Case Summary
Jim Robinson, the tenant, argues that the trial court erred in finding that Bruce Gazvoda, the landlord, complied with the Indiana security deposit statute. In...
Keim v. Potter - 2/20/2003
FOR PUBLICATION
OPINION - FOR PUBLICATION
STATEMENT OF THE CASE
David L. Keim appeals the trial court's entry of partial summary judgment in favor of Robert S. Potter, M.D. on Keim's medical malpractice claim. Keim...
Dick Corporation v. Geiger - 2/17/2003
OPINION - FOR PUBLICATION
This case arises from a complaint filed by Dick Corporation ("DC") alleging inter alia civil and criminal conversion and constructive fraud against Gordon Geiger, Eduardo Calanog, and Albert Lucas...
State Farm Fire & Casualty Company v. Garrett - 2/12/2003
FOR PUBLICATION
OPINION - FOR PUBLICATION
State Farm Fire and Casualty Company ("State Farm") appeals the trial court's denial of its motion for summary judgment and the trial court's grant of summary judgment in favor of...
Stytle v. Angola Die Casting Co. - 2/12/2003
FOR PUBLICATION
OPINION - FOR PUBLICATION
STATEMENT OF THE CASE
Robert Stytle appeals the Worker's Compensation Board's ("Board") dismissal of his application for adjustment of claim for lack of subject matter...
Williams v. State - 2/7/2003
FOR PUBLICATION
OPINION - FOR PUBLICATION
Jerome Williams ("Williams") was convicted of murder, a felony, attempted robbery, as a Class A felony, and carrying a handgun without a license, as a Class A misdemeanor, after...
Anonymous Doctor A v. Sherrard - 2/5/2003
FOR PUBLICATION
OPINION - FOR PUBLICATION
Dr. Salvator Vicario brings this interlocutory appeal from the trial court's denial of his motion for summary judgment in a medical malpractice action filed against him by Barbara...
Dorman v. Osmose - 1/31/2003
FOR PUBLICATION
OPINION - FOR PUBLICATION
STATEMENT OF THE CASE
Mark Dorman ("Dorman") and Tracy Dorman (collectively, "the Dormans") appeal the trial court's entry of summary judgment in favor of Osmose, Inc....
Sims v. United States Fidelity & Guaranty Co. - 1/28/2003
CIVIL TRANSFER
Indiana Code section 22-3-4-12.1 grants exclusive jurisdiction to the Worker's Compensation Board to determine whether a worker's compensation insurance carrier committed an independent tort in adjusting or...
Parks v. Madison County - 12/31/2002
FOR PUBLICATION
OPINION - FOR PUBLICATION
Timothy Parks, pro se, appeals the denial of his motion to correct error, which challenged the grant of a motion to dismiss in his civil rights action against Madison County,...
Brockman v. Kravic - 12/20/2002
FOR PUBLICATION
OPINION - FOR PUBLICATION
Allen J. Brockman appeals the trial court's dismissal of his suit against John N. Kravic, Ph.D. for lack of personal jurisdiction, raising the following issue: does a psychologist...
Robertson v. Bond - 12/19/2002
FOR PUBLICATION
OPINION - FOR PUBLICATION
STATEMENT OF THE CASE
Barbara J. Robertson appeals the trial court's grant of summary judgment to Drs. Terrell M. Bond, Jr. and Charlie E. Richardson in the medical...
Murdock v. Fraternal Order of Eagles - 12/16/2002
FOR PUBLICATION
OPINION - FOR PUBLICATION
Case Summary
Appellants-plaintiffs Dwight Murdock ("Dwight") and Sharron Murdock (collectively, "the Murdocks") appeal the trial court's grant of summary judgment in favor of...
Jones v. Kingsbury - 12/12/2002
FOR PUBLICATION
OPINION - FOR PUBLICATION
STATEMENT OF THE CASE
Jack D. Jones appeals from the entry of summary judgment in favor of Steven Kingsbury.
ISSUE
Whether the trial court erred by granting...
Jordan v. Deery - 11/22/2002
CIVIL TRANSFER
This medical malpractice action involving a disabled child has generated three appellate court opinions, an emergency stay and hearing in the Court of Appeals, and an original action in this Court. In this ongoing...
In re Clayton - 11/15/2002
DISCIPLINARY ACTION
Dan L. Clayton, an attorney admitted to practice law in this state in 1971, committed several acts of misconduct, which he attributes to addiction to alcohol and certain prescription drugs. Today, we suspend...
Indiana Insuarance Guaranty Association v. Blickensderfer - 11/13/2002
FOR PUBLICATION
OPINION - FOR PUBLICATION
Case Summary
The Indiana Insurance Guaranty Association ("IIGA") appeals the judgment entered in favor of Drs. Janellee Blickensderfer and Alan Bierlein (collectively...
Page 1 2 3 4 5
|
|