An Illinois appellate court overturned a $30 million verdict in favor of a chemical-flavoring plant worker who claimed that a chemical used in popcorn butter flavoring caused him permanent lung damage. The verdict in Solis v. BASF Corporation was reportedly the largest in a series of popcorn flavoring lawsuits. The…
Indiana has been one of the hardest-hit states in a nationwide fungal meningitis outbreak that has caused more than three hundred illnesses and over twenty deaths in eighteen states. Health officials believe an injectable medication from a Massachusetts pharmacy is the source of the infection. The pharmacy has recalled the…
After decades working on repair and maintenance of railroad locomotives, a man developed malignant mesothelioma. He sued multiple companies for alleged asbestos exposure, and the executor of his estate substituted in as plaintiff upon his death. After dismissal by the district court, which was upheld by the appellate court, the…
While trampolines remain a popular recreational activity for many children and teenagers, pediatricians have long warned that they pose serious dangers of debilitating spinal fractures or traumatic brain injuries. The American Academy of Pediatrics (AAP) renewed its warnings in a paper published this month in its journal, Pediatrics, reviewing the…
Allstate Insurance released its annual “America’s Best Drivers Report” in late August, listing the cities with the lowest rates of automobile collisions, both per driver and compared to the national average. The survey ranked the two hundred largest American cities, including two cities in Indiana. Indianapolis ranked 60th, and Fort…
After a jury returned a verdict in favor of the doctor in a medical malpractice case, an estate executor appealed on two questions of abuse of discretion: limitations on the scope of questions during the defendant’s deposition, and refusal of jury instructions tendered by the plaintiff. The Indiana Court of…
An unexpected invocation of the Indiana Tort Claims Act (ITCA) led to the dismissal of an auto accident lawsuit in Schoettmer v. Wright, et al. The ITCA requires plaintiffs to serve written notice of a planned lawsuit against the state or one of its political subdivisions within 180 days of…
The Indiana Court of Appeals reversed a trial court’s order granting summary judgment for the plaintiffs, and denying summary judgment for the defendants, in a dispute over insurance coverage. In Alea London, Ltd. v. Nagy, et al, two plaintiffs, who had obtained a judgment against a bar for injuries sustained…
A Shelbyville man has submitted a tort claim to the Indiana Attorney General, indicating his intention to file a wrongful death lawsuit against the state’s Department of Child Services (DCS) over the death of his one year-old son. He alleges that DCS ignored warnings that the child’s mother and her…
After her husband allegedly died from the effects of asbestos exposure, an Indiana woman filed suit against a company that provided services to his former employer. Her wrongful death lawsuit in Gill v. Evansville Sheet Metal Works, Inc. asserted claims for products liability and contractor negligence. Although the trial court…