Victims of the stage collapse at the 2011 Indiana State Fair had until August 1, 2012 to approve a proposed settlement involving the State of Indiana, the owner of the collapsed stage, and the stage’s manufacturer. The stage owner rejected the settlement plan after the deadline, saying not enough plaintiffs…
The Indiana State Department of Health (ISDH) has collected medical error reports from hospitals, outpatient clinics, and other medical facilities since 2006. In that time, it has compiled data on medical errors and injuries and tracked trends. Reports from 2006 to 2010, the most recent year for which comprehensive data…
A boy injured during a paintball game may not recover damages from the boy who shot him, according to a Wisconsin appeals court. In Houston v. Freese, a boy who removed his helmet during a game, then suffered an eye injury when he was hit with a paint pellet, sued…
The parents of a woman who died after falling from a staircase at a 2010 Halloween party have filed a lawsuit against the Chicago hotel and event companies that hosted the party. The suit alleges negligence against the party’s hosts for providing unlimited alcohol to the attendees, and failing to…
The Indiana Supreme Court has ruled that a man who was injured when his father drove into him, pinning him between two vehicles, may sue for damages. A trial court dismissed the lawsuit in Robert L. Clark, Jr. et al vs. Robert L. Clark, Sr., based on a state law…
Drivers have dealt with distractions since the invention of the automobile. The explosive growth in the use of cell phones, however, has compounded the risks presented by distracted driving. Drivers who use their cell phones to talk, send text messages, or even read e-mail or web pages cause thousands of…
Indiana ranks in the middle of the fifty states and the District of Columbia when it comes to injury prevention, according to a recent study. The study, entitled “The Facts Hurt: A State-By-State Injury Prevention Policy Report,” is the work of the Trust for America’s Health (TFAH), a health care…
Many personal injury victims are surprised to learn that they may settle their claims without needing to file a lawsuit. In fact, many personal injury cases are settled during the beginning stages of the claim (some lawyers would argue this is becoming more and more rare). Early settlement may occur…
More and more often, trial counsel try to impose the requirements of Indiana Rule of Evidence (“IRE”) 702 to limit and/or exclude expert testimony. Certainly, in the context of personal injury litigation, the parties can be expected to battle about who is qualified to render an expert opinion as to…
In Kosarko v. The Estate of Herndobler (Cause No. 45A03-1012-CT-668), the Lake County trial court denied a motor vehicle collision plaintiff prejudgment interest. Margaret Kosarko (plaintiff) was injured in an automobile accident involving Daniel Herndobler. Kosarko sued Herndobler for her injuries arising from the crash. Herndobler died while his case…