Indiana Personal Injury Case Law

Please find, below, selected case laws decided by Supreme Court of Indiana or Court of Appeals of Indiana where the terms personal injury or related terms have been mentioned. These cases are not necessarily personal injury and may include cases where the facts or court decision merely mentions personal injury related legal terms. You are not to rely on these cases as legal advice nor should you rely on them for accuracy. Please see Terms of Service.

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Garneau v. Bush - 12/13/2005
FOR PUBLICATION Real and Lise Garneau ("the Garneaus") appeal from the Carroll Circuit Court's grant of summary judgment in favor of Charles E. Bush, Jr., M.D. ("Dr. Bush") on their claim for medical malpractice. They raise the...

Cinergy Corp. v. St. Paul Surplus Lines Insurance Co. - 12/13/2005
FOR PUBLICATION STATEMENT OF THE CASE Appellants-Defendants, Cinergy Corporation, PSI Energy, Inc., and the Cincinnati Gas & Electric Company (collectively, Cinergy) appeal the trial court's Order denying its Motion for...

Clevenger v. Progressive Northwestern Insurance Co. - 12/13/2005
FOR PUBLICATION Sherry Clevenger and James Clevenger appeal from the trial court's order granting summary judgment to Progressive Northwestern Insurance Company (Progressive) in Progressive's action for declaratory judgment. As...

Stuff v. Simmons - 12/12/2005
STATEMENT OF THE CASE Appellants-Plaintiffs, Kelly E. Stuff (Kelly) and Ken B. Stuff (Ken) (collectively, the Stuffs), appeal the trial court's decision to grant Appellee-Defendant's, Zachary L. Simmons (Simmons), Motion to...

Raytech Corp. and Subsidiaries v. Indiana Dep't of State Revenue - 12/1/2005
ORDER ON PARTIES' CROSS-MOTIONS FOR SUMMARY JUDGMENT NOT FOR PUBLICATION The Petitioners, Raytech Corporation and Subsidiaries (Raytech), appeal the final determination of the Indiana Department of State Revenue...

Tucker v. Roman Catholic Diocese of Lafayette-In-Indiana - 11/23/2005
FOR PUBLICATION Debra Tucker appeals the trial court's dismissal of her suit against the Roman Catholic Diocese of Lafayette-in-Indiana, Most Reverend William L. Higi ("Bishop Higi"), Very Reverend Robert Sell ("Monsignor Sell"),...

Morgan v. Columbus McKinnon Corp. - 11/21/2005
Appellants-plaintiffs Keith A. Morgan (Morgan) and Tricia L. Morgan appeal the trial court's order granting summary judgment in favor of appellee-plaintiff Horner Electric, Inc. Specifically, the Morgans assert that the trial court...

Carter v. Indianapolis Power & Light Co. - 11/10/2005
Case Summary Susan J. Carter, individually and as personal representative of the estate of her son, Adam C. Jacobs, appeals the trial court's grant of summary judgment in favor of Indianapolis Power & Light Company ("IPL"),...

Indiana State Police v. Wiessing - 11/10/2005
The Indiana State Police ("the Police") appeal a decision of the Full Worker's Compensation Board ("the Board") awarding benefits to the descendants of James Wiessing ("the Descendants"). The Police raise three issues, which we...

Crabtree v. Estate of Crabtree - 11/9/2005
The plaintiffs in this case were injured in an accident as passengers in a car driven by their father while he was intoxicated. After their father died of unrelated causes, the children brought this suit against his estate. We hold...

Hassan v. Begley - 10/28/2005
FOR PUBLICATION Appellant-defendant Philip Wayne Hassan, M.D. (Dr. Hassan), brings this interlocutory appeal challenging the denial of his motion for summary judgment regarding a medical malpractice claim that was brought against...

Dunn v. Meridian Mutual Insurance Co. - 10/27/2005
We hold that uninsured motorist coverage of an automobile policy covers the liability of an uninsured motorist to the insured. If the insured's vehicle is damaged by an uninsured motorist and the insurer chooses to repair the vehicle,...

Topp v. Leffers - 10/21/2005
FOR PUBLICATION Yvonne Topp appeals the trial court's grant of Sarah Leffers' motion for a directed verdict in Topp's personal injury action against Leffers. We affirm. Issue Topp raises three issues for our review,...

Gillette v. Gillette - 10/13/2005
FOR PUBLICATION Appellant-respondent Steven L. Gillette appeals the denial of his motion for summary judgment, arguing that a prenuptial agreement (Agreement) that he executed with his former wife, appellee-petitioner Karin D....

Kahlo Jeep Chrysler Dodge of Knightstown - 10/12/2005
FOR PUBLICATION Case Summary Kahlo Jeep Chrysler Dodge of Knightstown, Inc., Kahlo Jeep, Inc., Palmer Dodge West, Inc., Palmer Dodge, Inc., Tom O'Brien Northside, Inc., Gene Beltz Shadeland Dodge, Inc., Westgate Chrysler...

Ling v. Webb - 9/30/2005
FOR PUBLICATION Case Summary Appellants-Defendants John Ling, Jr., and Board of Trustees of Vermillion County Hospital, Vermillion County Hospital, Doctor Gerald Longa, and Doctor Frank Spendal (collectively, "Appellants")...

Allberry v. Parkmor Drug - 9/16/2005
Case Summary Appellant-Plaintiff Albert Allberry ("Allberry") appeals the trial court's grant of summary judgment in favor of Appellee-Defendant, Parkmor Drug, Inc. d/b/a Park Pharmacy ("Parkmor"). We affirm. Issue ...

Pruitt v. State - 9/13/2005
On Direct Appeal Tommy Pruitt was charged with the murder of Deputy Daniel Starnes of the Morgan County Sheriff's Department. The prosecutor sought the death penalty based on the fact that the victim was a law enforcement officer...

In re Hughes - 8/31/2005
DISCIPLINARY ACTION We find that the respondent, John M. Hughes, violated Ind. Professional Conduct Rules 5.5(b) and 7.2(d). His violations consisted of assisting a person, who is not a member of the Indiana bar, in engaging in...

Binder v. Benchwarmers Sports Lounge - 8/24/2005
FOR PUBLICATION Casey Binder appeals the trial court's entry of summary judgment against him. We reverse. Issue Binder raises one issue for our review: whether Benchwarmers Sports Lounge should be estopped from...

Stoller v. Totton - 8/22/2005
FOR PUBLICATION Appellant-defendant Brian S. Stoller appeals the trial court's grant of appellee-plaintiff Sharon Totton's motion for attorney's fees and costs regarding her claim against him for negligence. Specifically, Stoller...

Jennings v. St. Vincent Hospital and Health Care Center - 8/17/2005
FOR PUBLICATION Today, we are confronted with a seemingly unresolvable case. We take this opportunity, however, to point out a deficiency in our current system of worker's compensation. Hence, we begin our discussion with the...

In re Estate of Hammar - 8/17/2005
FOR PUBLICATION STATEMENT OF THE CASE Appellant-Defendant, Margaret Lewis (Margaret), appeals the trial court's Order removing her as special administratrix of the Estate of Gary Hammar and appointing Appellee-Plaintiff,...

Penn Harris Madison School Corp. v. Howard - 8/16/2005
STATEMENT OF THE CASE Linda Howard, on behalf of her minor son David Howard ("Howard"), filed suit against the Penn Harris Madison School Corporation ("Penn") for injuries that Howard received while performing in a school play....

Robson v. Texas Eastern Corp. - 8/15/2005
Michael and Linda Robson's ("the Robsons") personal injury claims against Texas Eastern Corporation, et al ("TEC") were dismissed pursuant to TEC's Motion for Summary Judgment in Jackson Circuit Court. The Robsons appeal, raising the...

Jeffries v. Clark Memorial Hospital - 8/11/2005
FOR PUBLICATION Appellant-plaintiff Amanda Jeffries appeals the dismissal of her proposed complaint against appellee-defendant Clark Memorial Hospital (Hospital) for medical malpractice, claiming that the trial court erroneously...

Hockema v. J.S. - 8/8/2005
Case Summary Seventeen-year-old Anne Hockema and her father Stanley Hockema appeal the trial court's grant of additur after the jury found Jacob Secrest to be 66.75% at fault and awarded $0 damages. Because under our...

Delphi Corp. v. Orlik - 7/26/2005
FOR PUBLICATION Delphi Corporation f/k/a Delphi Automotive Systems Corporation ("Delphi") appeals the trial court's refusal to set aside a default judgment entered against it in favor of Eva Orlik. Specifically, Delphi...

Outback Steakhouse of Florida - 7/25/2005
FOR PUBLICATION Outback Steakhouse appeals a judgment against it in a personal injury action brought by David and Lisa Markley. The Markleys were injured in an automobile collision with William Whitaker, who had been served...

Pelak v. Indiana Industrial Services - 7/25/2005
FOR PUBLICATION Thomas Pelak and Diane Kaye Pelak appeal the trial court's grant of summary judgment on their claim of negligence against Pearson Education, Inc. and Prentice-Hall, Inc. (collectively "Pearson") for injuries...

City of Muncie v. Weidner - 7/22/2005
FOR PUBLICATION In this interlocutory appeal, the City of Muncie ("Muncie"), by and through the Muncie Fire Department, appeals the trial court's denial of its motion for summary judgment in a wrongful death of child action,...

Liberty Mutual Insurance Co. v. OSI Industries - 7/21/2005
FOR PUBLICATION Case Summary Liberty Mutual Insurance Company ("Liberty Mutual") appeals from the grant of summary judgment in favor of OSI Industries, Inc., ("OSI") and Beltec International ("Beltec") in their declaratory...

Sawlani v. Mills - 7/13/2005
Tulsi Sawlani, M.D., appeals a judgment in favor of Robin Mills on Mills's complaint. Sawlani raises three issues, which we restate as: I. Whether the trial court erred by denying Sawlani's motion for judgment on the evidence...

Balfour v. Kimberly Home Health Care - 7/12/2005
FOR PUBLICATION STATEMENT OF THE CASE Jacqueline L. Balfour and Douglas M. Balfour appeal from the trial court's grant of summary judgment in favor of Kimberly Home Health Care, Inc. d/b/a Olsten Certified Healthcare Corp....

Mullins v. Parkview Hospital - 6/30/2005
FOR PUBLICATION Appellants-plaintiffs W. Ruth Mullins (Ruth) and her husband, Johnce Mullins, Jr. (collectively, the Mullinses), appeal from the trial court's summary judgment order in favor of appellees-defendants Parkview...

Chandradat v. State - 6/30/2005
FOR PUBLICATION Rakesh and Phulmattie Chandradat, individually and as parents of Ryan Chandradat, deceased, appeal the trial court's grant of summary judgment in favor of the Indiana Department of Transportation ("INDOT") and the...

Beta Steel v. Rust - 6/30/2005
FOR PUBLICATION Case Summary Beta Steel ("Beta") appeals the trial court's denial of its motion for summary judgment in Margaret Rust's negligence action against it for the wrongful death of her husband, Brian Rust. We...

New Welton Homes v. Eckman - 6/28/2005
A family contracted for a manufactured home. The agreement included a warranty requiring any claims for breach to be brought within one year. Two years after the home was completed, the purchasers experienced foundation damage after...

Cox v. Paul - 6/14/2005
We hold that a health care provider who receives notice of possible dangerous side effects of a treatment is not strictly liable for failure to warn a patient who received the treatment from the provider, but may be held liable for...

Goossens v. Goossens - 6/8/2005
Appellant-Respondent, Gerard Goossens ("Husband"), appeals the trial court's decree in the dissolution of his marriage with Appellee-Petitioner, Penny Goossens ("Wife"). Upon appeal, Husband presents four issues, which we restate as...

Munster v. Groce - 6/8/2005
Case Summary David Munster appeals the dismissal of his complaint against Joe Groce and Business World, Inc. ("BWI"). We affirm in part, reverse in part, and remand. Issues The restated issues before us are: ...

Longa v. Vicory - 6/7/2005
Appellants-defendants Dr. Gerald Longa and Dr. Frank L. Spendal bring this interlocutory appeal of a certified question from the Vermillion Circuit Court. The question that is certified for our review is: does Indiana Code section...

Swift v. Pirnat - 6/3/2005
FOR PUBLICATION STATEMENT OF THE CASE Appellant-Plaintiff, Donna Swift (Swift), appeals the trial court's Order granting Appellee-Defendant, Daniel J. Pirnat's (Pirnat) Motion for Change of Venue. We reverse. ...

Allstate Insurance Co. v. Hennings - 5/31/2005
FOR PUBLICATION STATEMENT OF THE CASE Allstate Insurance Company ("Allstate") appeals the judgment entered upon the jury's verdict in favor of Krista Hennings in Hennings' action against Ricardo Flores and Allstate. ...

St. Margaret Mercy Healthcare Centers - 5/31/2005
FOR PUBLICATION STATEMENT OF THE CASE St. Margaret Mercy Healthcare Centers, Inc. (St. Margaret) appeals a jury verdict in which it was found partially at fault for a personal injury suffered by Barbara Poland (Poland)...

Linkamerica Corp. v. Cox - 5/26/2005
FOR PUBLICATION Case Summary William and Connie Cox (collectively "the Coxes") sued Hi-Cube Express Ltd. ("Hi-Cube"), William's former employer, for breach of contract, personal injury, theft, and loss of consortium. The...

Moore v. State - 5/23/2005
FOR PUBLICATION Case Summary Paul A. Moore appeals his convictions and sentence for two counts of murder, two counts of class B felony criminal confinement, and one count of class B felony arson. We affirm. Issues ...

Ott v. Alliedsignal - 5/19/2005
FOR PUBLICATION Case Summary Shirley Ott, for herself and as personal representative of the estate of her late husband, Jerome Ott, maintains this action against several companies that now or previously produced or sold...

Pendleton v. Aguilar - 5/19/2005
FOR PUBLICATION STATEMENT OF THE CASE Appellant-Plaintiff, Julian Pendleton (Pendleton), appeals the trial court's Order granting Appellees'-Defendants', Manuel Aguilar and National Transportation Corporation (collectively,...

Infectious Disease of Indianapolis - 5/13/2005
FOR PUBLICATION Both parties have petitioned this Court for rehearing on Infectious Disease of Indianapolis, P.S.C. v. Toney, 813 N.E.2d 1223 (Ind. Ct. App. 2004), albeit for different reasons. We now grant rehearing for the...

Glotzbach v. Froman - 5/11/2005
FOR PUBLICATION Joseph Glotzbach, as receiver for Midwest Material Services, Inc. ("Midwest"), brings this interlocutory appeal from the Lake Superior Court's denial of summary judgment on Jacqueline Froman's ("Froman") complaint...

Ryan v. Brown - 5/11/2005
FOR PUBLICATION Tonia and Kevin Ryan ("the Ryans") appeal the trial court's order granting partial summary judgment to Dr. Thomas Brown and Decatur County Memorial Hospital ("DCMH"). We affirm in part, reverse in part, and...

Syfu v. Quinn - 5/5/2005
FOR PUBLICATION STATEMENT OF THE CASE Appellant-Defendant, J. Syfu, M.D. (Dr. Syfu), appeals the trial court's denial of his Motion for Summary Judgment. We reverse and remand. ISSUE Dr. Syfu raises one...

Dial X-Automated Equipment v. Caskey - 5/4/2005
The Indiana Worker's Compensation Board found that Plaintiff Anthony Caskey, a machinist employed by defendant Dial-X Automated Equipment, was entitled to benefits under the Indiana Worker's Compensation Act. Appealing the decision of...

Hawkins v. Cannon - 5/2/2005
FOR PUBLICATION STATEMENT OF CASE Appellant-Defendant, Bradley R. Hawkins (Hawkins), appeals the trial court's denial of his Motion to Correct Error, affirming its judgment in favor of Appellee-Plaintiff, Margaret A. Cannon...

Zimmerman v. McColley - 4/26/2005
FOR PUBLICATION STATEMENT OF THE CASE Alan J. Zimmerman, Special Administrator of the Estate of Jack W. Dulin, deceased, appeals from the trial court's judgment in favor of Edward and Opal McColley on the McColleys'...

Ross v. Olson - 4/20/2005
FOR PUBLICATION Case Summary Appellants-Plaintiffs James E. Ross ("Ross") and Beulah M. Ross (collectively, "the Rosses") appeal a judgment in favor of Appellees- Defendants Larry D. Olson, M.D. ("Dr. Olson") and John B....

Kelly v. Levandoski - 4/18/2005
FOR PUBLICATION Timothy F. Kelly, d/b/a Timothy Kelly and Associates, appeals a judgment in favor of Stanley Levandoski, d/b/a Stan's Service. Kelly raises four issues, which we restate as: 1. Whether the trial court erred...

Reed v. Hoosier Health Systems - 4/13/2005
FOR PUBLICATION David Reed's ("Reed") attorneys were disqualified from representing him in Marion Superior Court. Reed brings this interlocutory appeal, raising the following restated issue for review: Whether the trial court...

Avant v. Community Hospital - 4/12/2005
FOR PUBLICATION Case Summary Arnold Avant appeals the trial court's order granting summary judgment to Community Hospital and Fitness Pointe Health Club (collectively, "Fitness Pointe"). We affirm. Issue Avant...

Savieo v. City of New Haven - 4/7/2005
FOR PUBLICATION Case Summary Patrick J. Savieo ("Patrick"), personal representative of the wrongful death estate of his father, Jon A. Savieo ("Jon"), appeals the trial court's grant of summary judgment in favor of the City...

Jurich v. John Crane - 3/31/2005
FOR PUBLICATION Case Summary Carole Jurich and Esther Serna, individually and as administrators of the estates of Nicholas Jurich and Louis Serna (collectively "the Appellants"), appeal the trial court's grant of summary...

Associated Medical Networks - 3/31/2005
On Petition To Transfer from the Indiana Court of Appeals, No. 49A05- 0203-CV-122 This appeal challenges the trial court's determination that the predominance and superiority requirements of Indiana Trial Rule 23(B)(3) were...

Bowles v. General Electric - 3/31/2005
FOR PUBLICATION On April 3, 2002, Mandy Bowles filed an application for adjustment of claim with the Indiana Worker's Compensation Board claiming permanent disablement from injuries suffered while working for General Electric...

Manous - 3/31/2005
FOR PUBLICATION STATEMENT OF THE CASE Manous, LLC ("Manous") appeals the decision of the Worker's Compensation Board of Indiana (the "Board") awarding benefits to the family of an employee who was murdered while at his...

Kocher v. Getz - 3/30/2005
In this automobile-van collision personal injury case, the trial court refused instructions the defendant submitted on comparative fault, which would have permitted a jury to consider mitigation of damages for purposes of fault...

Horn v. Hendrickson - 3/29/2005
FOR PUBLICATION STATEMENT OF THE CASE Brittany Horn appeals the trial court's dismissal of her wrongful death claim under Indiana Trial Rule 12(B)(6). We address the following issues on appeal: 1. Whether a viable...

Gribben v. Wal-Mart Stores - 3/22/2005
Pursuant to Indiana Appellate Rule 64, the United States District Court for the Southern District of Indiana has certified, and we have accepted, the following questions of Indiana law: 1. Does Indiana law recognize a claim for...

Glasscock v. Corliss - 3/10/2005
FOR PUBLICATION Case Summary After Rae Corliss was terminated from employment, she won a defamation judgment against two executives of her former employer. On appeal, one executive argues that he should have received...

Patient's Compensation Fund v. Hicklin - 3/8/2005
FOR PUBLICATION STATEMENT OF THE CASE The Patient's Compensation Fund ("the Fund") brings this certified interlocutory appeal from the trial court's denial of its motion to dismiss a claim for excess damages under the...

Chamberlain v. Walpole - 2/24/2005
We hold that the Medical Malpractice Act does not provide a cause of action for damages for a wrongful death where the Wrongful Death Act does not allow such an action. Factual and Procedural Background Richard Walpole's...

Schultz v. Ford Motor Co. - 2/21/2005
FOR PUBLICATION Richard and Gail Schultz appeal the jury verdict in favor of Ford Motor Company ("Ford") on their product liability and negligence claims, contending that the trial court erred by using Final Instruction No. 23...

Levy v. Newell - 2/10/2005
FOR PUBLICATION Appellant-Defendant Carl A. Levy, M.D. appeals the trial court's denial of his motion for summary judgment in an action filed by Appellees-Plaintiffs Tracey L. Newell and Mark D. Newell. We reverse and remand with...

Beckley v. Beckley - 2/10/2005
On Petition To Transfer from the Indiana Court of Appeals, No. 05A02-0211-CV-929 The question presented is whether an award of benefits under the Federal Employers' Liability Act (FELA) is a part of the marital estate subject to...

Money Store Investment Corp. v. Summers - 2/9/2005
FOR PUBLICATION STATEMENT OF THE CASE The Money Store Investment Corporation, d/b/a/ First Union Small Business Capital, ("Money Store"), appeals the trial court's order that granted summary judgment in its foreclosure...

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