Indiana Injury Lawyer Blog

In a recent not for publication memorandum decision* by the Indiana Court of Appeals, the court reversed the granting of a motion for summary judgment in favor of the Indiana Department of Transportation ("INDOT"), finding that INDOT owed a duty of care to a father and son who were subcontracted to complete some paving work for INDOT. Lorraine Bunn, as Personal Representative of the Estate of Robert P. Bunn, Deceased, and Robert L. Bunn vs. Indiana Department of Transportation, No. 50A03-0810-CV-504 (Indiana Ct. App. 2009).

While completing the work, the son was electorcuted after a dump truck made contact with overhanging power lines. The father was in close proximity, watching as it happened.

Continue reading "INDIANA DEPARTMENT OF TRANSPORTATION CHARGED WITH DUTY FOLLOWING THE ELECTROCUTION OF INDOT SUBCONTRACTOR" »

As an Indiana medical malpractice lawyer, I am regularly contacted by people who have developed infections following medical procedures. These infections can be from many types of bugs such as staph or strep. No matter what the particular infection is, these post surgical infections can have serious consequences and can be life threatening.

When thinking about these cases, it is important to remember that infections can develop from most any surgical procedure. Even when medical care providers do everything correctly, post surgical infections can still result. Therefore, just because a patient develops an infection does not mean that any of the doctors or nurses did anything wrong.

Continue reading "Infections after surgery, are they medical malpractice?" »

In a recent decision, the Indiana Court of Appeals affirmed a ruling from the Marion Circuit Court, holding that an Indiana father who watched his son die after he was prematurely sent home from the hospital without his injuries being properly treated could recover damages for negligent infliction of emotional distress independently from damages awarded under the Adult Wrongful Death Statute. Indiana Patient's Compensation Fund vs. Gary Patrick, Individually and as Personal Representative of the Estate of Christopher Patrick, Deceased, No. 49A02-0807-CV-614 (Ind. Ct. App. 2009).

A tragic set of circumstances surrounds this case. Back in 2002, a thirty-one year old man was involved in a motor vehicle accident and was transported to St. Mary's Medical Center in Evansville, Indiana, where he was treated for a broken wrist, broken nose, and abdominal trauma. He was discharged the following day after the accident.

At the time the man lived with his father. The evening of the day the son was released from the hospital, he began vomiting blood. His father called 911, but by the time EMTs arrived, the son had died from an untreated ruptured colon caused by seatbelt trauma during the accident.

Continue reading "INDIANA FATHER'S EMOTIONAL DISTRESS CLAIMS FOUND INDEPENDENT OF HIS CLAIMS FOR DAMAGES UNDER THE ADULT WRONGFUL DEATH STATUTE" »

The ChicagoTribune.com is reporting that a 19-year-old Indiana University student was struck and killed by a car Wednesday afternoon while in the process of crossing a busy campus street on foot in Bloomington. Peter Duong of Terre Haute, Indiana was the IU-Bloomington student fatally injured.

Early reports indicate that the driver of the car was also an IU-Bloomington. It is being reported that police ticketed the driver for having a suspended license.

Continue reading "19-YEAR-OLD INDIANA UNIVERSITY STUDENT STRUCK AND KILLED BY CAR ON CAMPUS " »

Indiana Supreme Court has granted transfer of a case involving Indiana's workers' compensation statute and a farmer's insurance policy which aimed at excluding the farmer's liability coverage. Everett Cash Mutual Insurance Company vs. Rick Taylor and Katrina Taylor, No. 02A03-0808-CV-386 (Ind. Ct. App. 2009), transfer granted (September 3, 2009).

In Everett, a farmer employed an independent contractor business to paint his house, grain bin, and barn. The farmer did not check to see if the business carried workers' compensation insurance for its employees and in fact they did not. One of the business' employees came into contact with an electrical wire while painting and was injured.

The employee initially filed a workers' compensation claim against the independent contractor business, but he discovered the business had no such insurance. He then amended his complaint to name the farmer, alleging the farmer failed to verify whether the independent contractor business had workers' compensation insurance pursuant to Indiana Code 22-3-2-14(b). At no time did the employee file any tort-related claims against the farmer.

Continue reading "Indiana Supreme Court Will Take Closer Look at Exclusionary Clause in Farmer's Personal Liability Policy with Everett Cash Mutual Insurance Company" »

WLFI.com reported that a Cass County truck driver's semi-trailer was struck by a train when his it stalled while crossing the railroads tracks. Fortunately, several nearby onlookers came to the man's rescue after he was ejected from the truck and found buried under debris from the collision. Watch the video to hear from those coming to the man's aid.