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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In re Galanis - 3/19/2001
DISCIPLINARY ACTION
The respondent, Michael J. Galanis, agreed in writing to represent a client in her personal injury lawsuit in exchange for forty percent (40%) of her recovery. The respondent ultimately retained fifty percent...
Degussa Corp. v. Mullens - 3/16/2001
ON PETITION TO TRANSFER
Lenita Mullens filed a complaint against Defendants for negligently exposing her to products which allegedly caused her to suffer permanent lung damage. Defendants moved for summary judgment asserting that...
Ritter v. Stanton - 3/14/2001
FOR PUBLICATION
OPINION - FOR PUBLICATION
Case Summary
This case stems from a personal injury action brought against Ira Ritter and the Kroger Company ("Kroger") as a result of an accident occurring on Kroger property...
Merchants National Bank v. Simrell's Sports Bar & Grill - 12/20/2000
FOR PUBLICATION
OPINION - FOR PUBLICATION
STATEMENT OF THE CASE
Merchants National Bank, as Administrator of the Estate of Christopher C. Merchant (the "Administrator"), filed a wrongful death suit against Simrell's...
Blevins v. Clark - 12/19/2000
FOR PUBLICATION
OPINION-FOR PUBLICATION
Appellants-defendants Laura Beth Blevins and Scott Blevins (collectively, the Blevinses) appeal the judgment in favor of appellee-defendant Carol A. Clark, M.D., on their medical...
Robins v. Harris - 12/15/2000
FOR PUBLICATION
OPINION-FOR PUBLICATION
Appellant-plaintiff Tammy Robins appeals the trial court's grant of summary judgment in favor of appellees-defendants, William Harris (as Sheriff of Vigo County), and C. Joseph...
In re Scott - 12/15/2000
DISCIPLINARY ACTION
Before this Court adopted a rule prohibiting a disbarred or suspended lawyer from maintaining a presence or occupying an office where the practice of law is conducted, respondent Vincent Lee Scott hired a...
Eberhard v. Illinois Founders Insurance Co. - 12/13/2000
FOR PUBLICATION
OPINION - FOR PUBLICATION
The Estate of Harry Eberhard (Estate) appeals from the grant of summary judgment in favor of Illinois Founders Insurance Company (Founders), arguing that the trial court erred in...
Sohacki v. Amateur Hockey Association of Illinois - 12/6/2000
FOR PUBLICATION
OPINION - FOR PUBLICATION
Appellant-defendant Donald R. Sohacki appeals the trial court's dismissal of his cause of action against appellee-defendant Amateur Hockey Association of Illinois (AHAI)....
Allen v. Great American Reserve Insurance Co. - 11/29/2000
FOR PUBLICATION
OPINION - FOR PUBLICATION
Appellants-plaintiffs Thomas G. Allen, Joe M. Gilstrap, Thomas G. Grier, James H. Nelson, Donald K. Ownes, Richard K. Patierno, Richard K. Patierno, Jr., Silvine M. Patierno, and...
Chen v. Kirkpatrick - 11/28/2000
FOR PUBLICATION
OPINION - FOR PUBLICATION
In this consolidated appeal involving alleged medical malpractice, Tai-Min Chen, M.D. appeals from an order in which the trial court determined that neither it nor the chairman of...
Hardiman v. Akins - 11/22/2000
FOR PUBLICATION
OPINION - FOR PUBLICATION
Delores Hardiman ("Mother") appeals the trial court's apportionment between her and her ex-husband, Frank Larkin ("Father"), of settlement money received from the accidental death...
Perry v. Cooper - 11/21/2000
FOR PUBLICATION
OPINION - FOR PUBLICATION
In December, 1999, the Perrys filed their proposed complaint for medical malpractice with the Indiana Department of Insurance as prescribed by the Medical Malpractice Act. IC...
Riggin v. Rea Riggin & Sons - 11/14/2000
FOR PUBLICATION
OPINION - FOR PUBLICATION
Appellant, Richard Riggin (Richard), challenges the trial court's grant of summary judgment in favor of appellees Rea Riggin and Sons, Inc., JoAnn Riggin, John W. Riggin, Joetta...
Allstate Insurance Co. v. Dana Corp. - 11/9/2000
FOR PUBLICATION
OPINION - FOR PUBLICATION
This consolidated appeal arises from a suit filed by Dana Corporation ("Dana") against Allstate Insurance Company ("Allstate") and other insurance companies that have insured Dana...
Stott v. Stott - 11/8/2000
FOR PUBLICATION
OPINION - FOR PUBLICATION
Appellant, Ralph Stott, appeals from the trial court's order requiring him to pay all of his child's funeral and burial expenses under I.C. 31-14-11-17 (Burns Code Ed. Repl. 1997)....
Rogers v. Cosco - 11/2/2000
FOR PUBLICATION
OPINION - FOR PUBLICATION
STATEMENT OF THE CASE
Plaintiff-Appellant JaQueria Marie Rogers ("JaQueria"), by and through her mother and next friend, Shelette S. Rogers ("Rogers"), appeals the trial...
Hitachi Constructino Machinery Company - 10/31/2000
FOR PUBLICATION
OPINION - FOR PUBLICATION
Case Summary
On July 11, 1995, AMAX Coal Company ("AMAX") initiated an action against Hitachi Construction Machinery Company, Ltd. ("HCM") and Hitachi Construction Machinery...
Narducci v. Tedrow - 10/30/2000
FOR PUBLICATION
OPINION-FOR PUBLICATION
Appellants-defendants Dr. Audrey A. Narducci and Memorial Hospital and Health Care Center (the hospital), appeal the trial court's denial of their motions for summary judgment....
U-Haul International - 9/26/2000
FOR PUBLICATION
OPINION - FOR PUBLICATION
This action stems from a vehicular collision that caused the deaths of Francis J. Radwan and his passenger, Kathy Wade. Radwan's estate (the Estate) filed suit against forty-five...
Indiana Patient's Compensation Fund v. Wolfe - 9/26/2000
FOR PUBLICATION
OPINION - FOR PUBLICATION
Case Summary
Indiana Patient's Compensation Fund ("Fund") appeals from the trial court's entry of summary judgment in favor of Thomas Wolfe ("Thomas"), Christine Wolfe...
Toon v. Gerth - 9/21/2000
FOR PUBLICATION
OPINION - FOR PUBLICATION
Case Summary
Appellant-Plaintiff Donald Lee Toon ("Toon"), appeals the circuit court's order granting Appellee-Respondent John D. Gerth's ("Gerth") Motion for Summary...
LCEOC - 9/21/2000
We hold here that the Lake County Equal Opportunities Council is a governmental entity entitled to protection under the Tort Claims Act, and that Greater Hammond Community Services is not.
Facts and Procedural History
On...
Meridian Insurance Co. v. Simon Zepeda - 9/19/2000
FOR PUBLICATION
OPINION - FOR PUBLICATION
Meridian Insurance brought a declaratory judgment action claiming it had no duty to indemnify its insured, Simon Zepeda, in a personal injury suit brought by shooting victim, Ernest...
Redmon v. State - 9/8/2000
FOR PUBLICATION
OPINION - FOR PUBLICATION
Robert L. Redmon appeals his convictions and sentencing for burglary, theft, carrying a handgun without a license, and possession of marijuana. Redmon raises three issues on appeal,...
Merritt v. Evansville-Vanderburgh School Corp. - 9/8/2000
FOR PUBLICATION
OPINION - FOR PUBLICATION
Case Summary
Nina Merritt and her daughter (collectively "Merritt") appeal the judgment in favor of the defendant, Evansville-Vanderburgh School Corporation ("EVSC") in their...
Inlow Children v. Personal Represenative of the Estate of Inlow - 9/6/2000
FOR PUBLICATION
OPINION - FOR PUBLICATION
Case Summary
Appellants Jason L. Inlow ("Jason"), Heather N. Johnson f/k/a Heather N. Inlow, Jeremy H. Inlow, and Karen E. Inlow as guardian for Sarah C. Inlow, a minor,...
Smith v. Washington - 9/1/2000
ON PETITION TO TRANSFER
This appeal presents the issue of the measure of damages for an act of negligence that increased the risk of an injury that was at least equally likely to occur in the absence of negligence. We grant...
Cahoon v. Cummings - 9/1/2000
ON PETITION TO TRANSFER
Mayhue v. Sparkman, 653 N.E.2d 1384, 1388-89 (Ind. 1995), held that where a patient's likelihood of recovery was less than fifty percent, but negligent treatment increased the risk of loss, a claim may be...
Hannan v. Pest Control Services - 8/31/2000
FOR PUBLICATION
OPINION-FOR PUBLICATION
Appellants-plaintiffs Lawrence Hannan, Mary Jane Hannan and Jennifer Wilhite (collectively, the plaintiffs) appeal the trial court's entry of summary judgment in favor of...
Ousley v. Board of Commissioners of Fulton County - 8/31/2000
FOR PUBLICATION
OPINION - FOR PUBLICATION
Appellants, Melissa Ousley, as administratrix of her husband, Dan Ousley's estate, and in her own behalf and as next friend to their children, Amanda Ousley and Ashley Ousley,...
Desloover v. State - 8/28/2000
FOR PUBLICATION
OPINION - FOR PUBLICATION
STATEMENT OF THE CASE
Joseph Desloover appeals his conviction by jury of burglary as a class B felony. We reverse.
ISSUE
Whether there is sufficient evidence to...
Brannon v. Wilson - 8/24/2000
FOR PUBLICATION
OPINION - FOR PUBLICATION
Anthony Brannon ("Brannon") appeals the trial court's denial of his motion for partial summary judgment. Brannon raises one issue for our review, which we restate as: whether the...
Conway v. School City Of East Chicago - 8/22/2000
FOR PUBLICATION
OPINION - FOR PUBLICATION
STATEMENT OF THE CASE
Plaintiff-Appellant Naomi Conway (Conway), on behalf of her deceased husband, Smith Curt Conway, Jr. (Curt), appeals the decision of the Full Worker's...
Ling v. Stillwell - 8/15/2000
FOR PUBLICATION
OPINION - FOR PUBLICATION
Case Summary
John Ling, Jr. and the Board of Trustees of Vermillion County Hospital (collectively referred to as the "Hospital") appeal from the trial court's denial of its...
Butler v. City Of Peru - 8/14/2000
ON PETITION TO TRANSFER
We grant transfer in this case to clarify the phrase "user or consumer" in the Products Liability Act and to reiterate the correct standard for summary judgment under Trial Rule 56.
Factual and...
Reeder v. Harper - 8/10/2000
FOR PUBLICATION
OPINION - FOR PUBLICATION
Charles G. Reeder, Special Administrator of the Estate of Denise C. Palmer, and Dennis W. Palmer (together "Palmers") appeal the grant of summary judgment in favor of A. Patricia...
Ahmad v. Duncan - 8/2/2000
FOR PUBLICATION
OPINION - FOR PUBLICATION
Appellant, Mirza M. Ahmad, M.D. (Ahmad), appeals the trial court's order reassuming jurisdiction after it transferred venue to Fulton County.
We reverse and remand.
The...
Kelly v. Bennett - 7/31/2000
OPINION - FOR PUBLICATION
STATEMENT OF THE CASE
Marilyn Bennett and Richard Bennett ("the Bennetts") sued Thomas Kelly, D.O. ("Kelly"). The trial court entered a default judgment against Kelly, and he appeals from the trial...
Northern Indiana Public Service Co. v. Sharp - 7/31/2000
OPINION - FOR PUBLICATION
Case Summary
Appellee-Plaintiff Grace Sharp ("Sharp"), as Administratrix of the Estate of Robert Sharp ("Robert"), filed a complaint for wrongful death against the following: the Town of Highland,...
Rogers v. R.J. Reynolds Tobacco Co. - 6/30/2000
FOR PUBLICATION
OPINION - FOR PUBLICATION
STATEMENT OF THE CASE
Plaintiff-Appellant Yvonne Rogers (Yvonne), individually and as Executrix of the Estate of her late husband, Richard Rogers (Richard), appeals an...
U-Haul Co. v. Mike Madrid Co. - 6/30/2000
FOR PUBLICATION
OPINION - FOR PUBLICATION
STATEMENT OF THE CASE
U-Haul International, Inc., U-Haul Co. of North Carolina, U-Haul Co. of the West Coast of Florida, and U-Haul Co. of Michigan (collectively "U-Haul"),...
Stephens v. Irvin - 6/30/2000
FOR PUBLICATION
OPINION - FOR PUBLICATION
Case Summary
Appellants-Defendants Kimberly Stephens ("Stephens") and Cincinnati Insurance Companies ("CIC") bring this consolidated interlocutory appeal challenging the trial...
Boggs v. Tri-State Radiology - 6/28/2000
ON PETITION TO TRANSFER
We hold that the Indiana Constitution is not violated by application of the Medical Malpractice Act's two-year limitations period to bar a claim that was discovered several months before the limitations...
Burton v. Estate of Davis - 6/27/2000
FOR PUBLICATION
OPINION - FOR PUBLICATION
STATEMENT OF THE CASE
This appeal arises from the trial court's response to a motion by Defendants Robert Burton ("Burton"), individually and as an agent and representative of...
Small v. Centocor - 6/26/2000
FOR PUBLICATION
OPINION - FOR PUBLICATION
Plaintiff-Appellant, James Garrett Small (Small), appeals the trial court's entry of summary judgment in favor of Defendants-Appellants Centocor, Inc. (Centocor), Eli Lilly &...
Sims v. United States Fidelity & Guaranty Company - 6/23/2000
FOR PUBLICATION
OPINION FOR PUBLICATION
This appeal arises from the trial court's dismissal for lack of subject matter jurisdiction of John Sims's complaint against United States Fidelity & Guaranty Company...
Progressive Insurance Co. v. General Moters Corp. - 6/20/2000
FOR PUBLICATION
OPINION - FOR PUBLICATION
This consolidated appeal involves five summary judgment rulings as between an automobile manufacturing company, either General Motors Corporation (GM), or Ford Motor Company (Ford)...
In re Galloway - 6/9/2000
DISCIPLINARY ACTION
The respondent, David K. Galloway, Sr., admits that he neglected the legal affairs of clients and that he failed to abide by a federal court order, an act which resulted in his being held in contempt of court....
Anthem v. Insurance Companies - 6/8/2000
Court of Appeals No. 10A01-9807-CV-243
ON PETITION TO TRANSFER
An Indiana insurance company sued the parent corporation of a chain of psychiatric hospitals alleging fraud in submitting insurance claims. The Indiana trial...
Groves v. Taylor - 6/7/2000
Court of Appeals No. 14A01-9808-CV-284
ON PETITION TO TRANSFER
While standing in her driveway, plaintiff MaryBeth Groves heard the loud "pop" of a vehicle fatally striking her brother and turned to observe his body as it...
Indiana University Medical Center v. Logan - 5/26/2000
ON PETITION TO TRANSFER
Case Summary
Brenda Logan filed a complaint for medical malpractice against Indiana University Medical Center, Riley Hospital for Children (referred to as "Hospital"). The complaint was based on the...
Mcintosh v. Melroe Company - 5/26/2000
Indiana Court of Appeals Cause No. 71A03-9609-CV-320
ON PETITION TO TRANSFER
This case deals with the validity of the provision in the Product Liability Act that bars product liability claims for injuries sustained more...
In re Ault - 5/26/2000
DISCIPLINARY ACTION
Per Curiam
By neglecting clients' legal affairs, purposefully submitting to courts proposed orders which did not accurately reflect the courts' rulings, and knowingly pursuing a cause of action in courts...
Vanderhoek v. Willy - 5/15/2000
FOR PUBLICATION
OPINION - FOR PUBLICATION
Case Summary
Appellant-Plaintiff Michelle Vanderhoek ("Vanderhoek") was injured in an automobile accident with intoxicated motorist Terry L. Neil ("Neil"). Vanderhoek brought...
Dughaish v. Cobb - 5/15/2000
FOR PUBLICATION
OPINION - FOR PUBLICATION
Sabria N. Dughaish, a minor by her mother and next friend Laura A. Dughaish, and Laura A. Dughaish and Khalil Dughaish, individually, (referred collectively as the "plaintiffs")...
I/N Tek v. Hitachi - 5/4/2000
FOR PUBLICATION
OPINION - FOR PUBLICATION
I/N Tek appeals from the trial court's grant of summary judgment in favor of Hitachi, Ltd. on I/N Tek's complaint. We affirm.
Issues
I/N Tek raises for our review a...
Campbell v. Shelton - 5/3/2000
FOR PUBLICATION
John and Pam Shelton and their son, John Shelton, Jr., filed a medical malpractice action against, among others, Jeff Campbell and Physicians Primary Care Service (PPCS). Following a trial, the jury found...
Guerrero v. Allison Engine Company - 3/22/2000
FOR PUBLICATION
OPINION - FOR PUBLICATION
Case Summary
Daniel Laguna ("Laguna"), and the estate of Carlos Guerrero ("Guerrero"), appeal the trial court's Order entering summary judgment in favor of Allison Engine...
Ledbetter v. Ross - 3/15/2000
FOR PUBLICATION
OPINION-FOR PUBLICATION
Appellant-plaintiff Becky J. Ledbetter appeals the trial court's grant of dismissal to appellees-defendants Edward J. Ross and Indiana Health Group, Inc. (Indiana Health)....
Broadway Radiology Services - 3/14/2000
FOR PUBLICATION
OPINION- FOR PUBLICATION
Appellants-defendants Broadway Radiology Services, Inc., et al. (collectively, BRS) bring this interlocutory appeal from the trial court's grant of injunctive relief in favor of...
Red Arrow Stables - 3/10/2000
FOR PUBLICATION
OPINION - FOR PUBLICATION
Girl Scouts of Calumet Council ("Calumet Council") bring this interlocutory appeal, pursuant to Indiana Appellate Rule 4(B)(6), of the trial court's denial of its motion for summary...
Miles v. Christensen - 2/29/2000
FOR PUBLICATION
OPINION - FOR PUBLICATION
Appellants-Defendants Elmer E. Miles and Mary S. Miles ("the Mileses") bring an interlocutory appeal of the trial court's order denying their motion for summary judgment. They raise...
Ledbetter v. Ball Memorial Hospital - 2/29/2000
FOR PUBLICATION
OPINION- FOR PUBLICATION
Appellants-petitioners Marsha Ledbetter and Dorman Ledbetter, (the Ledbetters), individually and as parents of Trenda Sue Ledbetter, deceased, appeal the trial court's grant of...
Gates v. Riley - 2/10/2000
FOR PUBLICATION
OPINION - FOR PUBLICATION
In this interlocutory appeal, Dr. L.T. Gates challenges the denial of his summary judgment motion in a medical malpractice action filed against him on behalf of Mai Riley, deceased,...
The Dow Chemical Company v - 2/3/2000
FOR PUBLICATION
STATEMENT OF THE CASE
Todd and Cynthia Ebling, individually, as husband and wife, and as parents and natural guardians of Christina Ebling and Alex Ebling, (collectively, "the Eblings") filed various state...
Gallant Insurance Company v. Allstate Insurance Company - 1/31/2000
STATEMENT OF THE CASE
Gallant Insurance Company ("Gallant") appeals the garnishment order against its policy issued to Kelli Moore, who was involved in an automobile accident with Donald Richey, Jr. Allstate Insurance Company,...
Sweet v. Art Pape Transfer - 12/28/1999
FOR PUBLICATION
L. Ann Sweet (Sweet) appeals a summary judgment in favor of Art Pape Transfer and Michael L. Sanger (collectively, Art Pape Transfer) and the denial of her own motion for summary judgment. Sweet raises a single...
Flying J. - 12/22/1999
FOR PUBLICATION
OPINION - FOR PUBLICATION
SULLIVAN, Judge
Appellant, Flying J, Inc. (Flying J), challenges the trial court's denial of its motion to set aside default judgment.
We reverse and remand.
On...
Bloemker v. Detroit Diesel Corp. - 12/20/1999
FOR PUBLICATION
OPINION - FOR PUBLICATION
STATEMENT OF THE CASE
Plaintiff-Appellant Bob Allen Bloemker (Bloemker) appeals the trial court's entry of summary judgment in favor of Detroit Diesel Corporation (Detroit...
Gold v. Ishak - 12/15/1999
FOR PUBLICATION
OPINION - FOR PUBLICATION
Sandra Gold appeals the trial court's grant of a motion for judgment on the evidence in favor of Badr A. Ishak, M.D., Board of Trustees of Porter Memorial Hospital and Thomas...
Interstate Cold Storage v. General Motors Corporation - 12/3/1999
FOR PUBLICATION
OPINION - FOR PUBLICATION
Interstate Cold Storage, Inc. ("Interstate") appeals from the trial court's grant of summary judgment in favor of General Motors Corporation ("GMC") on Interstate's complaint. We...
Remenderfer v. Williams - 12/2/1999
FOR PUBLICATION
OPINION - FOR PUBLICATION
STATEMENT OF THE CASE
Defendant-Appellant, Kathleen Lynn Bemenderfer, M.D. (Bemenderfer), appeals the trial court's denial of her motion for partial summary judgment on the...
Emergency Physicians of Indianapolis v. Pettit - 6/29/1999
FOR PUBLICATION
OPINION - FOR PUBLICATION
In this medical negligence action a jury returned a verdict in favor of Appellee James Pettit for the maximum amount recoverable under the Indiana Medical Malpractice Act. On motion...
Cole v. Lantis Corp. - 6/28/1999
FOR PUBLICATION
OPINION - FOR PUBLICATION
BAILEY, Judge
Case Summary
Appellant-Plaintiff Sean Cole ("Cole") appeals the summary judgment entered against him in his products liability/negligence lawsuit against...
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