Indiana Injury Lawyer Blog

February 29, 2012

Indiana Court of Appeals Determined Pendleton, Indiana Motorist Owed a Duty of Care to Motorcyclist After Waiving Motorcyclist Through Intersection Indicating it was Clear

by Parr Richey Frandsen Patterson Kruse LLP

In the case of Hamilton v. Key (Cause No. 48D01-0905-CT-749), Dewayne Hamilton (the plaintiff) was riding his motorcycle and was seriously injured after a collision with another motorist at the intersection of two roads located northeast of Pendleton, Indiana. Hamilton was driving in the left southbound lane and Jacob Key (the defendant) was driving in the right southbound lane. Key was stopped in his employers’ truck at the intersection due to traffic that had stopped in front of him; traffic was also stopped behind him, however traffic was not stopped in the left southbound lane. Another vehicle, driven by John Owens, was travelling eastbound toward the intersection and had stopped at the intersection to make a left turn to go northbound.

Key thoroughly looked around for traffic approaching the intersection from the north in the lane to his left (Key actually got out of his truck, stood on the doorsill, and examined the traffic) and motioned to Owens that it was safe to enter the intersection to make the left turn. Owens’s view north was obstructed by the line of stopped traffic in the right southbound lane. As Owens entered the intersection, Hamilton also entered the intersection in the left southbound lane on his motorcycle and collided with the car being driven by Owens. Hamilton sustained serious injuries and filed a lawsuit against Jacob Key. Hamilton also sued Ted and Sally Brown, alleging they were responsible as Key’s employers.
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February 11, 2012

Indiana Supreme Court Says Okay to Engineering Expert Providing Testimony as to Cause of Lower-Back Injury in Motor Vehicle Collision

by Parr Richey Frandsen Patterson Kruse LLP

In Person v. Shipley (No. 20S03-1110-CT-609), the Indiana Supreme Court agreed with the trial court that an engineering expert was qualified to provide expert testimony on the cause of a lower-back injury the plaintiff suffered when his tractor trailer truck was rear-ended by the defendant’s Buick sedan.

The engineer’s qualifications included an undergraduate degree in mechanical engineering, a Ph.D. in biomedical engineering, time spent as an assistant professor at a school of medicine, and time spent teaching courses in biomechanics that cover the musculoskeletal system and the principles underlying the calculations he used for his testimony. The Court explained that the expert was qualified to provide expert testimony because his “engineering background, his knowledge of velocity and changes in speed upon impact, and his experience in reviewing these types of cases made him qualified to offer his opinion as to the change in speed or velocity of [the Plaintiff’s] tractor-trailer.” The Court also agreed that the expert was qualified to give his opinion that the accident did not cause the plaintiff’s lower-back injury because, although the expert was not a medical doctor, the expert’s opinion focused on “the science of engineering and physics as opposed to the science of medicine.” Therefore, his education, background, training, and knowledge of the effect of forces on the musculoskeletal system made him qualified to render his causation opinion under Rule 702.
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November 7, 2009

ATTORNEY PAUL KRUSE RESPONDS TO EDITORIAL ON TORT REFORM FOR MEDICAL MALPRACTICE LAWSUITS

by Parr Richey Frandsen Patterson Kruse LLP

Below Parr Richey Frandsen Patterson Kruse Attorney Paul Kruse responds to an editorial published earlier this fall in the Lebanon Reporter. Mr. Kruse counters several myths relating to tort reform for medical malpractice lawsuits, citing studies supporting his argument that medical malpractice costs represent a small percentage of overall healthcare costs. Furthermore, Mr. Kruse explains why no further tort reform for medical malpractice claims is necessary.
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Your recent editorial on September 17, 2009, authored by Chip Minemyer, titled “Without Tort Reform, There Should Be No Health Overhaul,” was misleading and inaccurate. It was simply an attempt to influence public opinion in favor of big corporations and insurance companies and harpoon injury victims’ claims.

Minemyer starts his column with the statement that litigation reform is an issue “central to improving the cost of healthcare and access to treatment.” In fact, the cost of medical malpractice is actually a tiny percentage of healthcare costs, in part because medical malpractice claims are far less frequent than insurance companies would lead people to believe. According to the Congressional Budget Office (CBO), malpractice costs amount to less than two percent of overall healthcare spending.

President Obama proposed to implement measures to limit the legal rights of severely injured persons as part of the healthcare discussion, apparently as a bargaining chip to reduce Republican opposition to his healthcare reform plan. His medical malpractice reform proposal will hurt patients and dump more cost on taxpayers. It would not eliminate death and injuries but merely shift costs of caring for malpractice victims from perpetrators of malpractice to hard pressed state Medicaid systems, for which state and federal taxpayers share the cost. In fact, according to the insurance industry’s own data, medical malpractice insurance claims and premiums have been trending downward for years.
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September 21, 2009

Infections after surgery, are they medical malpractice?

by Parr Richey Frandsen Patterson Kruse LLP

As an Indiana medical malpractice lawyer, I am regularly contacted by people who have developed infections following medical procedures. These infections can be from many types of bugs such as staph or strep. No matter what the particular infection is, these post surgical infections can have serious consequences and can be life threatening.

When thinking about these cases, it is important to remember that infections can develop from most any surgical procedure. Even when medical care providers do everything correctly, post surgical infections can still result. Therefore, just because a patient develops an infection does not mean that any of the doctors or nurses did anything wrong.
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September 16, 2009

INDIANA FATHER’S EMOTIONAL DISTRESS CLAIMS FOUND INDEPENDENT OF HIS CLAIMS FOR DAMAGES UNDER THE ADULT WRONGFUL DEATH STATUTE

by Parr Richey Frandsen Patterson Kruse LLP

In a recent decision, the Indiana Court of Appeals affirmed a ruling from the Marion Circuit Court, holding that an Indiana father who watched his son die after he was prematurely sent home from the hospital without his injuries being properly treated could recover damages for negligent infliction of emotional distress independently from damages awarded under the Adult Wrongful Death Statute. Indiana Patient’s Compensation Fund vs. Gary Patrick, Individually and as Personal Representative of the Estate of Christopher Patrick, Deceased, No. 49A02-0807-CV-614 (Ind. Ct. App. 2009).

A tragic set of circumstances surrounds this case. Back in 2002, a thirty-one year old man was involved in a motor vehicle accident and was transported to St. Mary’s Medical Center in Evansville, Indiana, where he was treated for a broken wrist, broken nose, and abdominal trauma. He was discharged the following day after the accident.

At the time the man lived with his father. The evening of the day the son was released from the hospital, he began vomiting blood. His father called 911, but by the time EMTs arrived, the son had died from an untreated ruptured colon caused by seatbelt trauma during the accident.
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September 8, 2009

Indiana Supreme Court Will Take Closer Look at Exclusionary Clause in Farmer’s Personal Liability Policy with Everett Cash Mutual Insurance Company

by Parr Richey Frandsen Patterson Kruse LLP

Indiana Supreme Court has granted transfer of a case involving Indiana’s workers’ compensation statute and a farmer’s insurance policy which aimed at excluding the farmer’s liability coverage. Everett Cash Mutual Insurance Company vs. Rick Taylor and Katrina Taylor, No. 02A03-0808-CV-386 (Ind. Ct. App. 2009), transfer granted (September 3, 2009).

In Everett, a farmer employed an independent contractor business to paint his house, grain bin, and barn. The farmer did not check to see if the business carried workers’ compensation insurance for its employees and in fact they did not. One of the business’ employees came into contact with an electrical wire while painting and was injured.

The employee initially filed a workers’ compensation claim against the independent contractor business, but he discovered the business had no such insurance. He then amended his complaint to name the farmer, alleging the farmer failed to verify whether the independent contractor business had workers’ compensation insurance pursuant to Indiana Code 22-3-2-14(b). At no time did the employee file any tort-related claims against the farmer.
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July 26, 2009

New Medicare Laws Impact Personal Injury Cases

by Parr Richey Frandsen Patterson Kruse LLP

When handling personal injury claims, plaintiffs’ counsel often address the resolution of subrogation liens, including those asserted by Medicare. Under federal statutes, Medicare is entitled to reimbursement when an injured Medicare recipient receives benefits which are later recovered through a settlement or judgment. New legislation has now given Medicare an effective – and harsh – means of recovering its subrogation lien.In 2007 the Medicare, Medicaid and SCHIP Extension Act (the “Act”) was signed into law, placing new and more detailed requirements on liability insurance companies in claims dealing with Medicare recipients. This 2007 Amendment, effective July 1, 2009, is the counterpart to the 2003 Amendment, which focused on plaintiffs and their attorneys. The 2007 Act increases the enforcement power for Medicare reimbursement by extending liability to insurers and adding damages, penalties and fines for noncompliance.
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February 23, 2009

The myth about frivolous lawsuits–what insurance companies don’t tell you

by Parr Richey Frandsen Patterson Kruse LLP

I have been a personal injury attorney at the law firm Parr Richey Frandsen Patterson Kruse for the past 30 years. Insurance companies and their clients have ignored the facts about personal injury litigation and propagate the myth that frivolous claims threaten society. In fact, insurance companies only pay for harm caused by their insured. Claims that have no substance–if they exist–are dismissed by the court or are lost at trial.

I responded to a recent newspaper editorial written under the headline: “Lawyers, spurious lawsuits threaten a potential civic disaster”. Too many newspaper editors have fallen prey to the propaganda campaigns of insurance companies who try to poison the perception of the public–and potential jurors in our community–about the impact of litigation on our society. In fact, our homes, cars, products and lives are safer because personal injury lawyers hold manufacuturers and others accountable for their misconduct.

Attached is my entire letter to the Editor for the Lebanon Reporter:
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February 9, 2009

Indianapolis Fourth Grader Killed After Being Hit By Bus

by Parr Richey Frandsen Patterson Kruse LLP

An Indianapolis fourth grader at Spring Mill Elementary school was killed last week after being struck by a bus. The child, Christopher Beltz, was hit after he was dropped off a bus and then reportedly ran into the path of another. Indianapolis police are currently investigating the incident.

As a father of two elementary school aged children, reports like this hit very close to home. Last year, I published an article regarding school bus safety which seems particularly relevant given last week’s tragedy. Below is the article which contains useful information for kids, parents and motorists.
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May 6, 2008

May Declared Motorcycle Safety & Awareness Month in Tippecanoe County

by Parr Richey Frandsen Patterson Kruse LLP

With the warm weather months upon us, many of you have jumped at the chance to hit the open road on your motorcycle. While it is a great time of year to enjoy motorcycle riding, everyone must keep in mind the additional safety concerns that are associated with motorcycle use. With this in mind, Indiana Governor Mitch Daniels declared the month of May as Motorcycle Safety and Awareness Month in Tippecanoe County.

Motorcycles continue to rise in popularity as more and more motorcyclists can be spotted using the highways around Indiana. With the popularity of motorcycles seeming to be at an all-time high, now more than ever it is essential for people to be aware of motorcycle safety. The Indiana Department of Education reports an 80% chance of injury if a motorcycle is involved in a crash and that a crash involving a motorcycle with an automobile, the possibility of severe injury or death is 29 times higher for the motorcyclist compared to the driver of the automobile. The best ways to serious or fatal motorcycle accidents are: (1) responsible driving by both motorcycle drivers and automobile drivers, (2) making sure you use the necessary protective equipment, and (3) making sure you are properly trained and licensed to operate a motorcycle.

It is vital that automobile and motorcycle drivers are aware of one another on the roadways. One study showed that in two-thirds of multiple-vehicle accidents, the motorcyclist’s right-of-way was violated by the driver of the other vehicle. Most of the time these accidents are simply caused by the automobile driver’s failure to notice the motorcycle driver in traffic or failing to notice the motorcycle driver until it was too late to avoid a collision.