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.
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Severson v. Board of Trustees of Purdue University - 11/7/2002
FOR PUBLICATION
OPINION-FOR PUBLICATION
A Purdue University freshman brutally murdered his resident-advisor Jay Severson after Jay had reported the freshman's cocaine possession to the police. Jay's parents sued Purdue,...
Clark v. Sporre - 11/6/2002
Appellant-plaintiff Marlene Clark appeals the judgment on her medical malpractice claim entered in favor of appellees-defendants Roger Sporre, M.D., OB/GYN Consultants, LLC, and Dale Sloan, M.D. First, Clark contends that the trial...
Vaughn v. Daniels Company - 11/4/2002
FOR PUBLICATION
OPINION - FOR PUBLICATION
Case Summary
This is an appeal from the granting of summary judgment in favor of the Defendants in a suit brought by Stephen Vaughn for injuries he sustained as a result of...
In re Fairchild - 11/4/2002
DISCIPLINARY ACTION
Indianapolis attorney Raymond F. Fairchild neglected the legal matters of five clients and subsequently failed to cooperate with the Disciplinary Commission during resultant investigations. Because the...
State Farm Mutual Automobile Insurance Co. v. Leybman - 11/1/2002
FOR PUBLICATION
OPINION-FOR PUBLICATION
Appellant-defendant State Farm Mutual Automobile Insurance Co. (State Farm) appeals the declaratory judgment entered in favor of its policyholders appellees-plaintiffs Yevgeniy and...
Munsell v. Hambright - 10/30/2002
FOR PUBLICATION
OPINION - FOR PUBLICATION
John Munsell appeals the trial court's denial of his motion for partial summary judgment and its grant of summary judgment in favor of William Hambright, Counseling Associates,...
Hartford Steam Boiler Inspection and Insurance Company v. White - 9/25/2002
FOR PUBLICATION
OPINION - FOR PUBLICATION
Hartford Steam Boiler Inspection and Insurance Company ("Hartford") appeals from the trial court's entry of judgment on a jury verdict in favor of each of two plaintiffs in...
City of Gary v. Smith & Weson Corp. - 9/20/2002
FOR PUBLICATION
OPINION - FOR PUBLICATION
Case Summary
Appellant-plaintiff City of Gary, Indiana, by its Mayor, Scott L. King ("the City"), appeals the trial court's dismissal of its suit against various handgun...
Rassbach v. Alcala - 9/17/2002
FOR PUBLICATION
OPINION - FOR PUBLICATION
Case Summary
Christopher Rassbach, Tamara Rassbach, James Augustyn, and Melody Augustyn (collectively, the Plaintiffs) appeal the trial court's order dismissing their...
Sims v. Ivens - 9/16/2002
FOR PUBLICATION
OPINION - FOR PUBLICATION
STATEMENT OF THE CASE
Mario L. Sims, Sr. brings this pro se appeal from the trial court's order dismissing his medical malpractice complaint. Sims raises three issues for...
Pryor v. Hoskins - 9/11/2002
FOR PUBLICATION
OPINION - FOR PUBLICATION
STATEMENT OF THE CASE
Ronald L. Pryor, Sharon R. Pryor, and Gaylon Ward (collectively, "the truckers") appeal the jury verdict for Berdie Hoskins in her personal injury action...
Bondex International v. Ott - 8/23/2002
VAIDIK, Judge
Statement of the Case
Bondex International, Inc., AlliedSignal Inc., McCord Gasket Co., and Borg-Warner Corp. (collectively, the Defendants) bring this discretionary interlocutory appeal of the order denying...
Price v. R & A Sales - 8/23/2002
FOR PUBLICATION
STATEMENT OF THE CASE
Kenneth and Ruth Price (collectively "the Prices") appeal the trial court's grant of R & A Sales' motion to dismiss the Price's negligence suit in which they sought damages for...
Holt v. Quality Motor Sales - 8/20/2002
FOR PUBLICATION
OPINION - FOR PUBLICATION
Case Summary
Appellant-plaintiff Helen Holt ("Holt"), as personal representative of the estate of William Miller, III, deceased ("William"), appeals the trial court's entry of...
Kroger Co. v. Estate of Hinders - 8/13/2002
FOR PUBLICATION
OPINION - FOR PUBLICATION
Kroger Co. d/b/a Kroger Rx ("Kroger") and Yolanda Simacek ("Simacek") appeal the Howard Circuit Court's order denying its Motion for Summary Judgment in favor of The Estate of John...
In re Marriage of Sutton - 8/6/2002
FOR PUBLICATION
OPINION - FOR PUBLICATION
Case Summary
Appellant-Respondent Guy Sutton ("Husband") appeals the trial court's support order in favor of Appellee-Petitioner Mary Sutton ("Wife"). We reverse in part, and...
City of Vincennes v. Pethtel - 8/6/2002
FOR PUBLICATION
OPINION - FOR PUBLICATION
STATEMENT OF THE CASE
Appellant-Defendant, the City of Vincennes (the City), appeals the trial court's denial of its Motion to Dismiss.
We affirm.
ISSUE
The...
Estate of Foelno - 7/30/2002
FOR PUBLICATION
OPINION-FOR PUBLICATION
Today we are asked to impose a constructive trust on proceeds of a life insurance policy in favor of the heirs of a woman killed by her husband, in clear contravention of the terms of...
In re Loosemore - 7/29/2002
DISCIPLINARY ACTION
Because he helped himself to funds he should have been holding in trust for his client and third-party creditors, we conclude to today that the respondent, Evansville attorney Allan G. Loosemore, Jr., should...
In re Caole - 7/29/2002
DISCIPLINARY ACTION
Because the respondents, both of whom are attorneys licensed in states other than Indiana, solicited potential clients in this state without complying with our rules governing client solicitation, we find...
Crawford v. State - 6/26/2002
ON DIRECT APPEAL
Tracy Crawford was found guilty, but mentally ill, for the murder of her husband and sentenced to sixty-five years imprisonment. She raises six issues for review, which we restate as five. She contends: (1) the...
Peters v. Forster - 6/25/2002
FOR PUBLICATION
OPINION - FOR PUBLICATION
Wayne and Helen Peters appeal the trial court's grant of summary judgment in favor of Donald Forster. Upon appeal, the Peters claim that the trial court erred in granting Forster's...
Becker v. Kreilein - 6/25/2002
Plumber Steven Krueger installed a new sewer line for homeowners Keith and Cindy Kreilein. He disconnected their old line from the main sewer line but left it uncapped, not realizing that it also served as the conduit for the next-door...
Quigg Trucking v. Nagy - 6/20/2002
FOR PUBLICATION
OPINION - FOR PUBLICATION
STATEMENT OF THE CASE
Defendant-Appellant Quigg Trucking, sometimes known as Charles Quigg Trucking ("Quigg Trucking") appeals from a jury verdict for Plaintiffs-Appellees...
Ransburg v. Richards - 6/20/2002
FOR PUBLICATION
OPINION - FOR PUBLICATION
Case Summary
Lenna Ransburg, d/b/a Twin Lakes Apartments ("Ransburg"), brings this interlocutory appeal to challenge the trial court's denial of her summary judgment motion in...
Aldana v. School City of East Chicago - 6/19/2002
FOR PUBLICATION
OPINION - FOR PUBLICATION
Case Summary
Plaintiffs, who consist of nine schoolchildren and one adult, appeal the judgment entered following a jury verdict in favor of Defendants, School City of East...
Brooks v. Friedman - 6/13/2002
FOR PUBLICATION
OPINION - FOR PUBLICATION
STATEMENT OF THE CASE
Defendant-Appellant Charles Brooks ("Brooks") appeals from a jury verdict against him and in favor of Plaintiff-Appellee Gregory Friedman ("Friedman") in...
Robins v. Harris - 6/6/2002
On Petition To Transfer
In this personal injury case, the plaintiff-appellant, Tammy Robins, sought damages, alleging that deputy Michael Soules sexually assaulted her while she was an inmate at the Vigo County Jail. The trial...
Jacobs v. Manhart - 6/5/2002
FOR PUBLICATION
OPINION - FOR PUBLICATION
Appellants, Kristen M. Jacobs and South Bend Medical Foundation, Inc. (collectively "SBMF"), bring this discretionary interlocutory appeal from the trial court's order against them...
Paragon Family Restaurant v. Bartolini - 6/4/2002
FOR PUBLICATION
OPINION - FOR PUBLICATION
Louis Gerodemos and Round the Corner Pub (collectively referred to as "the Pub") appeal from a final judgment entered on a jury verdict in favor of Mario Bartolini, Jr., in his...
Hall v. Mall - 6/4/2002
FOR PUBLICATION
OPINION- FOR PUBLICATION
Appellants-plaintiffs Debra E. Hall and Michael Hall (the Halls) appeal a jury verdict entered in favor of the appellees-plaintiffs Eastland Mall, the Equitable Life Assurance...
Kennedy v. Guess - 3/28/2002
FOR PUBLICATION
OPINION - FOR PUBLICATION
Case Summary
Richard Kennedy and Kaye Kennedy (hereinafter "Richard" and "Kaye," collectively "the Kennedys") appeal a grant of summary judgment in favor of Guess, Inc....
Langman v. Milos - 3/28/2002
FOR PUBLICATION
OPINION - FOR PUBLICATION
Lawrence and Janice Langman ("the Langmans") appeal the Porter Superior Court's order granting the Motion for Summary Judgment filed by Drs. Peter Milos, D.P.M. and Dennis W. Smith,...
Farm Bureau Insurance Co. v. Allstate Insurance Co. - 3/27/2002
OPINION - FOR PUBLICATION
Farm Bureau Insurance Company ("Farm Bureau") appeals from the trial court's grant of summary judgment to Allstate Insurance Company ("Allstate") on Farm Bureau's complaint for reimbursement of insurance...
Martinez v. Belmonte - 3/22/2002
FOR PUBLICATION
OPINION - FOR PUBLICATION
Case Summary
Appellant-defendant Aida E. Martinez ("Martinez") appeals from a jury verdict and judgment thereon in favor of appellee-plaintiff Michael Belmonte ("Belmonte") in...
In re Williams - 3/19/2002
DISCIPLINARY ACTION
Lawyer Robert G. Williams' persistent and pervasive neglect of his clients' cases leads us to conclude today that he should be disbarred from the practice of law.
This case is now before us for final...
Duncan v. Duncan - 3/13/2002
FOR PUBLICATION
OPINION-FOR PUBLICATION
Appellant-plaintiff Sarah Duncan (Sarah) appeals the trial court's grant of summary judgment entered in favor of her sister, appellee-defendant Crystal Duncan (Crystal). Specifically,...
Grant v. Wal-Mart Stores - 3/13/2002
FOR PUBLICATION
OPINION - FOR PUBLICATION
Vickie Grant appeals the trial court's denial of her motion to correct error and the denial of her motion for the reinstatement of her personal injury case against Wal-Mart Stores,...
Henthorne v. Legacy Healthcare - 3/13/2002
FOR PUBLICATION
OPINION-FOR PUBLICATION
Appellant/cross-claim plaintiff Legacy Healthcare, Inc., d/b/a Community Care Center of Seymour ("Legacy Healthcare") appeals the trial court's denial of its motion for summary...
Bolin v. Wingert - 3/11/2002
In a case of first impression under Indiana's Child Wrongful Death Statute, we address the question whether an eight- to ten-week-old fetus fits the definition of "child." We conclude that it does not.
Facts and Procedural...
Lovold Co. v. Galyan's Brownsburg - 3/5/2002
FOR PUBLICATION
OPINION- FOR PUBLICATION
Once again, we are called upon to examine a party's potential liability for remedial "clean-up" costs under the Indiana Underground Storage Tank Act (the Act). In this instance, the...
Shambaugh & Son - 3/1/2002
On Petition To Transfer
In this personal injury case in which the plaintiff, David Carlisle, alleges injuries sustained while riding in an elevator, the trial court denied motions for summary judgment filed by defendants...
Loomis v. Ameritech Corp. - 2/27/2002
FOR PUBLICATION
OPINION - FOR PUBLICATION
Arthur E. Loomis, III, ("Arthur") and Linda D. Loomis (collectively, the "Loomises") appeal the trial court's grant of motions for judgment on the pleadings in favor of Ameritech...
Elkins v. Elkins - 2/25/2002
FOR PUBLICATION
OPINION - FOR PUBLICATION
Diana Elkins appeals from certain aspects of the dissolution decree that dissolved her marriage to Daniel Elkins. Specifically, Diana presents the following issues for review: ...
Baca v. New Prime - 2/25/2002
FOR PUBLICATION
OPINION - FOR PUBLICATION
Appellant-plaintiff Loretta Baca appeals the trial court's grant of summary judgment entered in favor of the Appellees-defendants, New Prime, Inc., and Independent Contractor...
Johnson v. Gupta - 2/19/2002
FOR PUBLICATION
OPINION - FOR PUBLICATION
Charlotte Johnson filed a medical malpractice action against Dr. Arjun Gupta, who responded by filing for summary judgment on grounds that Johnson's action was not timely filed. The...
Beam v. Wausau Insurance Co. - 2/12/2002
ON PETITION TO TRANSFER
This case addresses the proper setoff against a personal injury award for payments the claimant receives under worker's compensation. We hold that under the underinsured motorist policy involved here, the...
South Bend Clinic - 2/6/2002
OPINION - FOR PUBLICATION
Appellants-defendants South Bend Clinic, Inc., Gail A. English, M.D. (Dr. English) and Randolph E. Szlabick, M.D. (Dr. Szlabick) (collectively, the defendants) appeal the jury verdict entered in favor of...
Hopper v. Colonial Motel Properties - 2/4/2002
FOR PUBLICATION
OPINION - FOR PUBLICATION
Appellants-plaintiffs and cross-appellees James and Barbara Hopper (the Hoppers) and T.K., the Hoppers' minor granddaughter, appeal the trial court's entry of summary judgment in...
Tankersley v. Parkview Hospital - 1/28/2002
FOR PUBLICATION
OPINION - FOR PUBLICATION
STATEMENT OF THE CASE
Kevin C. Tankersley appeals the trial court's grant of partial summary judgment in favor of Parkview Hospital, Inc. ("Parkview") on Parkview's claim to...
McIntosh v. Cummins - 12/27/2001
FOR PUBLICATION
OPINION - FOR PUBLICATION
Dr. Brent R. McIntosh ("Dr. McIntosh"), an orthopedic surgeon, appeals the trial court's order denying his motion for summary judgment. Dr. McIntosh raises the following issue for...
Bailey v. Spain - 12/26/2001
Appellant-plaintiff Brenda S. Bailey (Brenda) appeals the jury's verdict in favor of appellees-defendants Gary A. Spain, the Northern Indiana Public Service Company (NIPSCO), and Patricia Smolen. The verdict was entered on her claim...
Allstate Insurance Co. v. Dana Corp. - 12/20/2001
This consolidated appeal addresses a number of issues of insurance coverage for environmental cleanup liabilities.
Factual and Procedural Background
Dana Corporation is a manufacturer of automotive components. Sixty-three...
Marshall v. State - 12/13/2001
FOR PUBLICATION
OPINION - FOR PUBLICATION
Case Summary
Laymon R. Marshall filed this interlocutory appeal to challenge the denial of his motion for discharge under Indiana Criminal Rule 4(C). He contends that the...
McClain v. Chem-Lube Corp. - 12/10/2001
FOR PUBLICATION
OPINION - FOR PUBLICATION
STATEMENT OF THE CASE
Appellants-Plaintiffs, Jay McClain and Dawn McClain (the McClains), appeal from the trial court's entry of summary judgment in favor of...
American Economy Insurance Co. v. Felts - 12/6/2001
FOR PUBLICATION
OPINION-FOR PUBLICATION
Appellant-defendant American Economy Insurance Company (American Economy) appeals the trial court's dismissal of its declaratory judgment action against Genia Fox, Michael Felts, USAA...
State v. Gradison - 11/30/2001
FOR PUBLICATION
OPINION - FOR PUBLICATION
BAILEY, Judge.
Case Summary
The State appeals upon a reserved question of law pursuant to Indiana Code section 35-38-4-2(4) following the trial court's entry of judgment...
Fobar v. Vonderahe - 9/26/2001
FOR PUBLICATION
OPINION - FOR PUBLICATION
Case Summary
Rose Fobar appeals the trial court's decree dissolving her marriage to Anthony Vonderahe, which also divided the parties' property and awarded attorney fees to...
Miner v. Southwest School Corp. - 9/20/2001
FOR PUBLICATION
OPINION-FOR PUBLICATION
Appellant-plaintiff Kimberly Miner appeals the trial court's partial summary judgment entered in favor of appellees-defendants Southwest School Corporation and Jerry L. Miller....
Parks v. A.P. Green Industries - 9/14/2001
FOR PUBLICATION
OPINION - FOR PUBLICATION
STATEMENT OF THE CASE
William and Wilma Parks ("the Parkses") appeal the trial court's grant of summary judgment in favor of the following corporations: (1) A.P. Green...
Stone v. Stakes - 9/13/2001
FOR PUBLICATION
OPINION ON REHEARING - FOR PUBLICATION
William Stone petitions this court for rehearing of our decision dated June 21, 2001. In that opinion, we held that the plaintiff's mention that defendant's attorney...
Owens Corning Fiberglass Corp. v. Cobb - 9/10/2001
ON PETITION TO TRANSFER
A jury awarded plaintiff Kenneth Cobb damages, finding that asbestos manufactured by Owens Corning caused him serious illness. We find that there was sufficient evidence of exposure to Owens Corning's...
In re McClellan - 9/7/2001
DISCIPLINARY ACTION
The respondent, Donald K. McClellan, asserted in a petition filed before the Indiana Court of Appeals that an earlier decision by that Court "reads like a bad lawyer joke . . ." Today we approve a Statement of...
Poirier v. AP Green Services - 8/31/2001
FOR PUBLICATION
OPINION - FOR PUBLICATION
Martha Poirier, as widow of David Poirier and executrix of his estate, appeals the Lake County Superior Court's grant of summary judgment for multiple defendants in her action for...
Miller v. Martig - 8/27/2001
FOR PUBLICATION
OPINION-FOR PUBLICATION
Appellants-plaintiffs Nancy and Kimball Miller (collectively, the Millers) appeal the trial court's grant of summary judgment in favor of the appellee-defendant, Dr. John Martig....
Dietz v. Finlay Fine Jewelry Corp. - 8/22/2001
FOR PUBLICATION
OPINION - FOR PUBLICATION
Case Summary
Appellant-plaintiff Melissa Dittoe Dietz ("Dietz") appeals from the dismissal of her suit against appellee-defendant Finlay Fine Jewelry Corp. ("Finlay") and,...
Antonacopulos v. Antonacopulos - 8/17/2001
FOR PUBLICATION
OPINION - FOR PUBLICATION
Respondent-Appellant Nick Antonacopulos (Nick) appeals the trial court's division of marital assets in the dissolution action involving Nick and Petitioner-Appellee Rose Mary...
Lusk v. Swanson - 8/14/2001
FOR PUBLICATION
OPINION-FOR PUBLICATION
Appellant-plaintiff Marita Lusk appeals the trial court's grant of summary judgment in favor of appellee-defendant James D. Swanson, M.D. Specifically, Lusk contends that the trial...
Becker v. Kreilein - 8/13/2001
FOR PUBLICATION
OPINION - FOR PUBLICATION
STATEMENT OF THE CASE
Appellants-Plaintiffs, Jack and Catherine Becker (hereinafter collectively referred to as "the Beckers"), appeal the trial court's grant of...
McBride v. Cole Associates - 8/13/2001
FOR PUBLICATION
OPINION - FOR PUBLICATION
STATEMENT OF THE CASE
Appellants-Plaintiffs, Pauline McBride, as the personal representative of the estate of Dennis McBride, deceased; Pauline McBride, individually; Tina...
Smith v. Bob Evans Farms - 8/7/2001
FOR PUBLICATION
OPINION - FOR PUBLICATION
Case Summary
Appellants-plaintiffs Raymond W. Smith, Jr. (deceased) ("Raymond"), Dianne M. Smith ("Dianne"), Raymond W. Smith, III, and Colin Dennis Smith (collectively, "the...
Sherrow v. Gyn - 3/27/2001
FOR PUBLICATION
OPINION - FOR PUBLICATION
Shannon Kincaid Sherrow appeals the trial court's ruling on her motion for preliminary determination of law. Sherrow raises one issue, which we expand and restate as:
รน...
Stephens v. Parkview Hospital - 3/26/2001
FOR PUBLICATION
OPINION-FOR PUBLICATION
Appellants-defendants James F. Stephens and David L. Weiss (collectively, the appellants), appeal the trial court's entry of summary judgment in favor of appellee-plaintiff Parkview...
TMC Transportation - 3/26/2001
FOR PUBLICATION
OPINION - FOR PUBLICATION
STATEMENT OF THE CASE
TMC Transportation, Inc. ("TMC") appeals from the involuntary dismissal of its subrogation and property damage claims against Kazimierz Maslanka...
Elmer Buchta Trucking - 3/26/2001
Under Indiana's wrongful death statute, a decedent's estate may recover damages for the lost earnings of the deceased, among other things. This has long been understood not to include that portion of decedent's earnings that the...
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