Recently, a woman sued the Iowa Department of Transportation after her husband was killed on a local highway. However, before she was able to bring her suit in court, she was required to file a claim with her state’s appeal board, an administrative agency. According to the court’s written opinion,…
Indiana Injury Lawyer Blog
Court Holds that Dog Owner May Be Liable Even if Dog Never Touched Plaintiff
Dog owners have to be vigilant with their dogs. That is because if a dog bites another person, owners are often liable for damages. One court recently found that an owner may be liable even if a dog never touches the other person. In a recent case, Grammer v. Lucking, a…
University Protected by Immunity After Student Is Killed on Bike Path
Sometimes government entities such as public universities are protected from lawsuits due to immunity. In Burgueno v. Regents of the Univ. of Cal., a court found that a university was protected by immunity when a student was killed on a bike path that ran through the school. According to the…
Indiana Legislature Proposes Increase in Medical Malpractice Cap
Indiana’s state legislature has proposed an increase in the state’s cap on medical malpractice payments. The proposed bill would increase the state’s limits on how much compensation malpractice victims can receive. The new bill would increase the limit to $1.65 million. According to one new source, if passed, the increase would…
Indiana Supreme Court Suggests Possible Expansion of Employer Liability for the Actions of Employees
In a decision that was released last month by the Indiana Supreme Court, the dismissal of a negligence lawsuit against a security company that employed a man who shot and paralyzed a woman while on the job was reversed, and the security company may be found liable for the woman’s injuries…
Court Discusses What Constitutes a “Medical Malpractice” Claim, Versus a Claim of Ordinary Negligence
Earlier this month, the Supreme Court of Texas decided the case of Galvan v. Memorial Hermann Hospital System, in which the court determined that the slip-and-fall accident that injured the plaintiff, although occurring at a hospital, was not subject to the expert requirement of medical malpractice lawsuits. The Facts of the…
Malpractice Plaintiff Gets Case Dismissed for Giving False Testimony in Deposition
In a split decision, the Mississippi Supreme Court has affirmed the dismissal of Ferguson v. University of Mississippi Medical Center, a wrongful death by medical malpractice lawsuit that was filed against medical providers who allegedly caused the death of the plaintiff’s brother shortly after he was taken by ambulance to…
The Dual Dangers of Pharmacy Errors
Whenever someone takes a prescription medication they receive from their doctor to a pharmacy, they trust that the medication provided to them is exactly what the doctor ordered. However, that is not always the case. Pharmacy errors are shockingly common across the United States and vary in severity from those…
U.S. Supreme Court Weighs in on Foreign Sovereign Immunities Act
Earlier this month, the United States Supreme Court handed down a decision that discussed the application of the Foreign Sovereign Immunities Act (the “Act”) to personal injury cases brought against foreign governments. According to the Court’s decision, the “commercial activity” exception to the Act is limited to cases where the…
Court Held Patron “Assumed the Risk” When Injured at Haunted Attraction
Earlier this month, a California appellate court decided a case that arose when a man was injured after he tripped and fell while fleeing from a chainsaw-wielding employee at a haunted attraction. In the case, Griffin v. The Haunted Hotel, Inc., the plaintiff was a visitor to one of the…