Indiana Injury Lawyer Blog

November 23, 2015

Icy Roads Cause Fatal Accident Near Gaston, Indiana

by Parr Richey Frandsen Patterson Kruse LLP

Earlier this month, a teenager lost her life in a fatal accident after the driver of the car she was riding in lost control of the vehicle and collided head-on with a large utility vehicle. According to one local news source, the deceased teen was in the car with another teen whom she had met online through social media and had just met in person for the first time.

Evidently, the deceased was a passenger in a Ford Focus, and as the teens approached the intersection of Indiana 28 and Langdon Road, the driver of the Ford lost control of the vehicle and crossed over the center line and into oncoming traffic. As the car crossed the road, it struck an American Electric Power Co. bucket truck.

The female passenger was ejected from the vehicle and was shortly afterward pronounced dead by responding emergency workers. The male driver of the Ford, as well as the driver of the bucket truck, were both transported to IU Health Ball Memorial Hospital in Muncie with minor injuries.

November 16, 2015

Recreational Use Statute Can Act to Limit Government’s Liability for Negligently Maintained Areas

by Parr Richey Frandsen Patterson Kruse LLP

Earlier this month, an appellate court determined that a woman who injured herself while on a government-owned playground was not entitled to compensation under a premises liability theory. In ruling against the plaintiff, the court cited the state’s “recreational use statute.”

The Facts of the Case

According to the court’s written opinion, the plaintiff was a young girl who injured herself while playing on a wooden jungle gym that was located in a state park. According to the plaintiff’s mother, the jungle gym “had deteriorated to the point where the wood was frayed, split and slivered.” After the incident, the woman contacted the Parks and Recreation Department and complained of the condition of the jungle gym and informed them of her daughter’s injuries. She soon afterward filed suit against the government as the owner and operator of the park.

The judge hearing the case determined that, under the state’s recreational use statute, the general rule is that the government cannot be held liable for injuries that occur on its land when the user is engaged in recreational activity. The court noted, however, that the rule is not absolute, and if the injured party can show that there was a “malicious or willful failure” to warn of a dangerous condition, liability may arise.

November 9, 2015

Volunteer Poll Worker Struck and Killed in Indianapolis Accident

by Parr Richey Frandsen Patterson Kruse LLP

Earlier this month, a volunteer poll worker was struck and killed by a passing motorist as he was attempting to collect some items that had fallen out from the back of his van. According to one local news source covering the accident, the tragedy occurred near the intersection of Banta Trail and South Meridian Street in Indianapolis.

Evidently, the man was on his way to volunteer at the polls when he stopped on Meridian Street to retrieve some items that had fallen out of the back of his van. The van, which was a rental, was pulled over on the side of the road while the man tried to collect the items, which authorities believe were bags of trash. As he was collecting the bags, another motorist came down Meridian Street and struck him. That motorist remained on the scene and cooperated with police.

After the fatal accident, police began an investigation into what could have caused the accident. It is not known why the van’s rear door opened. Police do not believe that drugs or alcohol were involved in the accident. It was dark at the time of the accident, and it is a possibility that the driver of the car failed to see the man as he was collecting the trash bags.

November 2, 2015

Indiana State Trooper Struck by Passing Motorist While Responding to Accident

by Parr Richey Frandsen Patterson Kruse LLP

Earlier this week, an Indiana State Trooper was injured when he was struck by a passing vehicle as he was responding to the scene of an accident. According to one local news source, the original accident occurred around 6:00 in the evening on Interstate 80 eastbound, near the Interstate 65 exit.

Evidently, the Trooper was on the scene of the accident, parked in the left-most lane of travel. His vehicle, while it was blocking the lane, had on its emergency lights indicating that drivers should not occupy the lane. The Trooper was the first on the scene and was waiting for back-up as well as a tow-truck operator.

At some point, a few minutes after the initial crash, a 2009 Hummer crashed into the rear of the Trooper’s patrol car. Both the Trooper as well as one of the men involved in the original accident were taken to the hospital with serious injuries. Both men are expected to make full recoveries. Reports indicate that there were wet road conditions at the time of the accident.

October 23, 2015

Federal Appeals Court Dismisses Case Against Negligent Truck Driver

by Parr Richey Frandsen Patterson Kruse LLP

A decision recently released in the case of Baumann v. Zhukov by the federal Eighth Circuit Court of Appeals affirmed a lower court ruling in favor of a truck driver who caused a September 2012 accident that later resulted in five members of a Maryland family losing their lives. The family was killed when their vehicles were hit at full speed by a semi-truck while they were stopped in traffic from the accident caused by the defendant. The family’s estate reached a settlement with the driver of the truck that directly hit their vehicles, but the Eighth Circuit’s ruling will prevent the plaintiffs from collecting any compensation from the negligent truck driver who caused the traffic build-up that eventually resulted in the deadly crash.

A Tragic and Preventable Accident Kills an Entire Family

The fatal accident occurred after the family members, who were driving in two cars, stopped in stalled traffic that was the result of an accident less than a mile ahead. Shortly after their cars came to a stop at the end of the line of traffic, a tractor-trailer crashed into one of their vehicles at 75 miles per hour, nearly demolishing both cars and killing both drivers and all of the passengers: two adults and three children.

According to the ruling, the driver of the truck that crashed into the family’s vehicles had been driving for at least 14 hours straight prior to the accident, and he was unable to operate his vehicle safely. Lawsuits were filed on behalf of the family against the driver who crashed into them, as well as the negligent driver who caused the accident that initially stopped traffic.

October 19, 2015

Fog Blamed in Northwest Indiana Fatal Accident

by Parr Richey Frandsen Patterson Kruse LLP

Earlier this month in St. John, one man was killed in a single-vehicle accident that investigators say was likely caused due to the foggy conditions on the road at the time of the accident. According to one local news report, the fatal accident occurred on U.S. 231 near Park Place early on a Wednesday morning. The vehicle involved was a Ford F-150.

Evidently, the truck driver was heading westbound on U.S. 231 when suddenly the truck veered across several lanes of traffic and drove off the road. Prior to coming to a stop, however, the truck continued to roll several times. As the vehicle was rolling, the driver was ejected and was pronounced dead at the scene of the accident. The cause of death was listed as blunt force trauma to the head, and the manner of death was listed as an accident.

Police were quick to note that, while no one witnessed the accident, they believe that the foggy conditions on U.S. 231 that day contributed significantly to the accident. With that said, an accident reconstruction team is in the midst of an investigation, and there may be additional factors soon to be determined.

October 19, 2015

10-Year-Old Girl Killed in Miami County Car Accident; Alcohol Suspected

by Parr Richey Frandsen Patterson Kruse LLP

Earlier this month in Miami County, a 10-year-old girl was killed when the car that she was riding in was struck by another vehicle after that driver ran a stop sign. According to one local news report, the accident took place near the intersection of Miami County Road 1200 North and Miami County Road 100 West.

Evidently, the young girl was riding as a passenger in a Chevy Tahoe being operated by her mother. The two were traveling northbound on County Road 100 West, approaching the intersection of County Road 1200 North. As they approached the intersection, a vehicle being operated by a 37-year-old man from Logansport disregarded a stop sign and proceeded into the intersection. As he entered the intersection, his Dodge pickup truck collided with the Tahoe, causing both vehicles to end up in a nearby field.

The Tahoe rolled at least one time, and the Dodge ended up coming to a rest on its side. The driver of the Dodge was able to climb up through the broken window of his truck and waited for emergency personnel. It was later discovered that he suffered from internal injuries, and he was taken to the hospital. The mother in the Tahoe was also taken to the hospital for her injuries. Sadly, the young girl was pronounced dead at the scene.

October 12, 2015

Two Women Mauled by Four Pit-Bulls; Owner Turns Himself in to Police

by Parr Richey Frandsen Patterson Kruse LLP

Earlier this month in Carroll County, two women were mauled within an inch of their lives when they were attacked by a group of four pit-bulls. According to one local news source, the two young women, who were cousins, were finishing up a two-mile jog when they encountered the dogs.

Evidently, the women were wrapping up their evening jog when the dogs approached them. The women attempted to avoid the dogs, but the pack persisted in following them. Ultimately, the women tried to run home across a field, but the dogs caught up to them. When a passer-by noticed the two women, they were on the ground fighting for their lives. At this point, the dogs’ owner was also present, but he was unable to help on his own.

The passer-by may have saved the women’s lives by pulling them into her truck. It is believed that the women fought off the dogs for about half an hour before help arrived. Ultimately, both women were hospitalized in serious and critical condition. One woman had 75% of her scalp removed by the dogs. Doctors told her that her hair will never grow back.

September 30, 2015

Lawsuit Claiming Gun Manufacturer Was Negligent for Failing to Recall Faulty Trigger Mechanism Moves Forward

by Parr Richey Frandsen Patterson Kruse LLP

Earlier this month, the Eighth Circuit Court of Appeals decided a case in favor of a woman whose husband was killed when a gun in his friend’s possession accidentally discharged. The court’s opinion in the case, O’Neal v. Remington Arms Company, held that the plaintiff submitted enough proof of negligence on the part of the gun manufacturer for the case to proceed towards trial.

The Facts of the Case

According to the court’s written opinion, Remington used a “Walker trigger” in weapons dating back to 1971. At some point between then and now, Remington was made aware that there was a potential defect in the trigger mechanism, and that the gun may fire when the safety is turned off, even though the trigger was not pulled. Remington, knowing this, did not recall the roughly 20,000 rifles affected by the potential hazard and allowed them to remain for sale and in the market.

In 2008, the plaintiff’s husband went hunting with some friends. He loaned his Remington rifle to one of his friends. At some point on the hunting trip, the friend pulled the rifle out when he spotted a deer, and the gun accidentally discharged, killing O’Neal. O’Neal’s wife filed suit against Remington for the negligent design of the trigger mechanism.

September 23, 2015

Medical Malpractice Plaintiff’s Case Dismissed Based on Late Filing

by Parr Richey Frandsen Patterson Kruse LLP

Earlier this month, the Supreme Court of Mississippi dismissed a case brought by the husband of a woman who died while in the care of the defendant because the plaintiff re-filed the case after the applicable statute of limitations had expired. In the case, Thornhill v. Ingram, the plaintiff alleged that the defendant’s failure to diagnose and treat his wife led to her early death. Accordingly, he filed suit against several of the treating medical professionals, as well as the facility where his wife was cared for.

However, although the case had been filed shortly after the passing of his wife, the plaintiff did not make appreciable efforts to bring the case to trial. Eight years later, the defendant asked the court to dismiss the case for lack of prosecution.

After considering both sides, the trial court agreed with the defendant and dismissed the case without prejudice. This meant that the plaintiff would be able to re-file the case if and when he chose to do so.