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If you hear that a court “dismisses” a complaint, or finds in favor of the plaintiff, it may have been dismissed as a result of a summary judgment motion filed by one of the parties. A summary judgment motion is a motion made by either the plaintiff or the defendant asking the court to decided the case on the evidence submitted and skip the trial. It is appropriate when there are no legal issues for the judge or jury to decide, and the case can be decided on its facts.In a recent case, the Court of Appeals of Indiana affirmed the summary judgment standard that has been used in Indiana for several years. In the case, Rambo v. Justice, the plaintiff, Rambo, was involved in an auto accident and was taken to the hospital and treated by Dr. Justice. Dr. Justice treated Rambo, but failed to take spine x-rays. Rambo then went to physical therapy which ended up making her condition worse. After two weeks, it was discovered that she had spinal fractures as a result of the accident.

The defendant doctor filed a motion for summary judgment. The trial court
granted the motion and Rambo appealed to the court of appeals. On appeal, the court took the opportunity to affirm the standard for summary judgment, and when it is appropriate. Specifically, the court noted that the party seeking summary judgment “bears the burden of making a prima facie showing that there are no genuine issues of material fact and that the movant is entitled to judgment as a matter of law.”
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The Indiana Tort Claims Act requires those who have suffered an injury and plan to sue a municipality provide notice to that municipality within 180 days of the injury or loss. This is to put the municipality on notice of the charges against it and to allow the municipality an adequate opportunity to investigate the occurrence and develop any possible defenses.In a recent case in front of the Indiana Supreme Court, the question arose: can a claimant’s notice act to restrict the scope of her future lawsuit? The facts of the case will illuminate any confusion.

The plaintiff was rear-ended by an Indianapolis police officer in July of 2008. The next month, the plaintiff filed a tort claim notice to the City, explaining what had happened, attaching photographs of the accident, etc. In addition, the notice contained the following statement:

Damage: Rear Bumper and side panels damaged, see estimate from Sam Swope. No injuries.
Claim: $960.99

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Recently, a bill was introduced to the Health and Provider Services Subcommittee of the Indiana Senate that would place a 5-year moratorium on the addition of new beds in nursing home facilities across Indiana. According to an article by the Journal Gazette, last week the subcommittee voted 8-4 to send the bill to a full Senate vote where, if it passes, it will move one step closer to becoming law.Senator Patricia Miller, R-Indianapolis, filed the bill because nursing home occupancy rates were at 74%, a number she says is too low. She cites that there are approximately 13,000 empty nursing home beds across Indiana and claims that by preventing the addition of new beds, the nursing home industry will stabilize and become more efficient.

However, by preventing nursing homes from expanding the number of available beds, the law also threatens to decrease competition in the industry because there will be no incentive to fill all the beds. This could result in a decrease in the quality of overall care provided to residents of nursing homes across the State of Indiana.
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As January and February bring record storms and snow totals across Indiana, the highways and surface roads can get ugly. One article by the Weather Channel from earlier this week notes a nasty pile-up on I-65, near Lafayette. According to the report, the snowy roads combined with fog and general low visibility led to an accident involving 13 vehicles.According to local police, one semi-truck caught fire and several motorists were sent to the hospital as a result of the crash. None of the injuries reported were life-threatening.

Winter Driving Tips
Thankfully, no one was seriously injured in the accident described above. However, that will not always be the case when the conditions are as bad as they have often been this winter season. To make sure that you and your family are safe out there on the road, follow these basic winter driving tips:

  • Check that all tires are properly inflated and in good working condition.
  • Ensure that you have an adequate amount of windshield wiper fluid.
  • Clear all snow and ice off of your car completely before driving.
  • Keep your gas tank at least half-full to avoid frozen gas lines.
  • Drive slow when the conditions are bad or there is low visibility.
  • Know how your car handles on slick, wet, or snow-covered roads.
  • Never drive tired and always keep 100% of your attention on the road.
  • Finally, always wear your seatbelt.

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Last month, right in the middle of the holiday season, a two-car accident injured seven passengers, including two young children. According to a story by CommercialNews.com, the Vermillion County accident occurred shortly after 2:30 p.m. near State Route 63 at West Market Street in Newport, Indiana.According to the police report, a driver in a Pontiac was heading south on State Route 63. As the driver attempted to make a left turn onto West Market Street, the Pontiac was hit by a car traveling north on State Route 63. All occupants-including a 9-month-old infant and a 7-year-old child-were taken to Union Hospital in Clinton with non-life-threatening injuries. All occupants were wearing either a seatbelt or were in a child safety seat. Police do not believe that drugs or alcohol were involved in the accident. However, the driver of the Pontiac was cited with failure to yield.

Failure-to-Yield Accidents in Indiana
Hundreds of times per day, the average driver encounters situations where they must yield to another driver. Many times, this becomes instinct; after having driven for a number of years, most of us are familiar when we have the right-of-way and when we must yield the right-of-way. However, sometimes drivers are not paying attention or are driving aggressively and do not yield to the other driver when they should.
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Aaron Hernandez, former star NFL tight end for the New England Patriots, is now facing civil wrongful death charges in a Massachusetts court. Hernandez is currently being held, without bail, in solitary confinement pending the outcome of his criminal trial.According to a report by ESPN, Hernandez has plead not guilty to the murder of a friend back in June of this year. In more recent news, the family of Hernandez’s slain friend filed a wrongful death charge earlier this month claiming damages that exceed the value of Hernandez’s $1.25 million dollar home. The family of the victim has also taken legal action to prevent Hernandez from receiving the remaining $3 million from his contract with the New England Patriots.

Wrongful Death Actions in Indiana

Indiana courts have their own version of the wrongful death statute which Hernandez is being sued under. At its essence, a wrongful death action is a claim filed by the “survivors” of an accident victim seeking damages for their loss.
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The holiday season is a time to spend time and celebrate with loved ones. Sometimes this celebration takes the form of drinking. When it does, it is critically important that we all do so responsibly and find alternate methods of transportation other than driving.Many recent stories warn holiday travelers to make sure they practice safe driving over the holidays and especially to refrain from drinking and driving. The dangers on the road this time of year are numerous, and certain precautions should be taken due to the ever present possibility that a seemingly dry road is covered in ice. For example:

  • Be sure to keep about a 3 second distance between you and the car in front of you. This distance should be increased in icy or snowy conditions.
  • When in doubt of whether you are within the legal limit, call a friend for a ride home, or stay where you are until you are safe to drive.
  • Be sure not to drive when fatigued.
  • Be sure all of your attention is focused on the road.

    Be Sure to Practice Safe Driving this Holiday Season

    Many Indianans have time off of work for the holiday season. This may create a temptation to stay out a little later, drink a little more, and be a little less responsible. However, the truth is that drinking and driving is never a good idea, especially when roads can be covered in ice during this time of the year.
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In a tragic accident that occurred earlier this week in Indiana, a man who was married for only a few hours was struck and killed as he stopped to render aid to another motorist in need. According to a story by CNN, the couple had just gotten married and was on their way home after their wedding reception when they passed a motorist that had slid into a ditch. The man told his wife that the driver probably needed help and pulled the car off to the side of the road to see if the driver needed assistance. As the man exited the car and began to help the woman, the two were hit by several cars. Both died at the scene.All drivers involved stayed at the scene of the accident, and police do not believe that alcohol was a factor in the fatal accident. Police are, however, still investigating the scene to determine the cause of the accident.

Proving Negligence in Civil Cases

In cases such as this, the man’s wife may have a civil cause of action against one or more of the drivers who hit and killed her husband. Whether or not that is the case will depend on whether any of the drivers who hit her husband are found to be negligent in a court of law.
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Last month, the driver of a 2002 Hyundai Elantra was fatally injured when he crashed into a semi-truck that had run a stop sign. According to a report by The Daily Standard, the truck driver did not see the stop sign at the intersection of Routes 118 and 29. As the truck driver sped through the intersection, the driver of the Hyundai also entered the intersection, colliding with the semi-truck just behind the truck’s wheels. The car went under the semi-truck and emerged on the other side. As the Hyundai emerged, it crashed into another vehicle that was stopped at a stop sign.The driver of the Hyundai was pronounced dead at the scene. The driver of the other vehicles were uninjured. Police took the truck driver to the hospital where his blood was drawn to test for the presence of alcohol or drugs. Police also suspect that weather may have played a role in the accident, that occurred the day after a snowstorm left over an inch of snow on the ground.

Semi-Truck Drivers and Government Regulations

Semi-trucks are the largest vehicles on the road. Fill a truck up with cargo and it can weigh up to 80,000 pounds. Because of their size, weight, and inability to quickly maneuver, semi-trucks are some of the most dangerous hazards a driver can encounter on a daily basis.
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The Indiana state prosecutor’s office has determined that a fatal accident involving a church bus that occurred over the summer was not due to any criminal conduct. Therefore the driver of the bus will not be criminally charged for his role in the accident. According to a story by USA Today, the driver of the bus was issued a citation because the light was red when the bus entered an intersection shortly before the accident. However, the prosecutor’s office explained that the red-light citation, without more, is insufficient to press criminal charges against the driver.The accident, that occurred back in July of this year, resulted in three fatalities and 26 injuries. According to another USA Today report, the bus was returning from a camp in Michigan to Colonial Hills Baptist Church in Indianapolis. The bus was about a mile from its destination when the driver ran a red light at a high rate of speed. Then, shortly after, the driver was unable to negotiate a turn, resulting in the bus toppling over, injuring many and killing three.

Civil Remedies May Still Be Available to the Victims

The victims and their families may have been disappointed to hear that there were no criminal charges filed against the driver of the bus. However, this does not necessarily mean that they will be left uncompensated for their injuries and losses. The victims may very well still have the ability to file a civil cause of action based on the driver’s failure to operate the bus in a safe and responsible manner. Such a suit would be under the legal theory of “negligence.”
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251 North Illinois Street, Suite 1800
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Phone: 317.269.2509
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Phone: 317.269.2509
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