Earlier this month in Chattanooga, Tennessee, six students were killed in a bus accident that has left many families with unanswered questions. According to a local news report covering the devastating accident, the bus was not on its scheduled route when the driver lost control and crashed into a tree,…
Indiana Injury Lawyer Blog
Court Affirms Dismissal of Case Against Truck Driver Who Caused Chain-Reaction Accident
Last month, a Mississippi court issued an opinion in a truck accident case brought by a man who was injured in a chain-reaction accident when he rear-ended another vehicle that was stopped in a traffic jam caused by the original accident. In the case, Ready v. RWI Transportation, the court held…
Plaintiff’s Careless Selection of Presumably Unfavorable Expert Nearly Helps Opposing Party
Many personal injury cases require the testimony of at least one expert witness. Expert witnesses are used to establish certain facts that are beyond the common knowledge of lay witnesses. For example, in medical malpractice cases, expert witnesses are commonly used to explain to the jury what the standard procedures…
Court Discusses Hotel’s Duty to Keep Guests Safe in Recent Opinion
Earlier this month, an appellate court in Kentucky issued an opinion in a premises liability case brought by a man who slipped and fell while staying as a guest in the defendant hotel. In the case, Goodwin v. Al J. Schneider, the court had the opportunity to discuss the duty…
Court Invalidates Arbitration Clause, Allowing Plaintiffs to Pursue Negligence Claim in Court
Earlier last month, an appellate court in Louisiana issued a written opinion invalidating an arbitration clause in a case brought by the parents of a young child who was injured while at the defendant’s trampoline park. In the case, Alicea v. Activelaf, the court held that although the plaintiff voluntarily signed…
What Courts Consider a “Medical Malpractice” Case May Surprise Some Indiana Plaintiffs
All personal injury cases are subject to a statute of limitations. Statutes of limitations lay out the time frame in which a plaintiff needs to file their case. If a case is filed after the statute of limitations, it will be dismissed by the court as untimely unless an exception applies. Medical…
Destroying Evidence May Result in Sanctions Including a Judge Entering Judgment in Favor of Opposing Party
Whenever someone is involved in an accident, certain duties are triggered. One of those duties is to preserve any evidence that may become useful to the opposing party in the event that a lawsuit is later filed by the accident victim. A party’s failure to preserve material evidence can result…
Woman Recovers $1.3 Million from Supermarket After Being Struck by Grocery Cart
Earlier this month, an Ohio woman recovered over $1.3 million after a jury found in her favor in a premises liability lawsuit filed against a supermarket chain. The lawsuit alleged that the supermarket chain failed to provide adequate instruction to customers using motorized shopping carts. According to one industry news…
Court Finds At-Fault Driver’s Employer Not Liable Under Vicarious Liability Theory
Last month, an appellate court in California issued an interesting opinion regarding when a negligent driver’s employer can also be held liable in a personal injury lawsuit. In the case, Jorge v. Culinary Institute of America, the court ultimately determined that since the fatal accident occurred while the defendant’s employee was…
Court Finds Pharmacist Has Legal Duty to Preserve Evidence of Pharmacy Error
Earlier this month, a court found that pharmacists have a duty to retain medication returned to the pharmacy by a patient if the medication was returned as a result of a potential pharmacy error. The court in the case of Burton v. Walgreen Corporation held that the pharmacy should keep…