Archive for the ‘Personal Injury’ Category

May 23rd, 2011

Indiana Supreme Court Issues Controversial Decision Denying Indiana Citizens Right To Resist Unlawful Entry By Police Officers

On May 12, 2011, the Indiana Supreme Court issued the controversial decision in Barnes v. State of Indiana, 82S05-1007-CR-343 holding that Indiana citizens do not have the right to reasonably resist unlawful entry by police officers.  The Court further held that the evidence was sufficient to sustain the defendant’s convictions for battery on a police officer and disorderly conduct.
The case involved a police response

May 4th, 2011

Indiana Permits Investigating Police Officers To Testify Regarding The Cause of A Collision

In many personal injury trials, the defense attempts to prevent an investigating police officer from testifying what he or she determined to be the cause of the collision based upon the investigation conducted at the scene. The basis of the defense’s objection is generally that the police officer is not an expert witness and his or her opinion is based solely on hearsay.
This is

May 4th, 2011

Indiana Court of Appeals Issues Important Underinsured Motorist Insurance Decision

On February 28, 2011, the Indiana Court of Appeals issued a decision in Lakes v. Grange Mutual Casualty Company, 944 N.E.2d 509 (Ind.Ct.App. 2011).  The decision is an important step in limiting the ability of underinsured motorist carriers to avoid paying benefits when their insureds have not received the per person limits of their UIM coverage but all of the injured parties have received amounts

February 7th, 2011

Conservative Former Senator Fred Thompson Makes A Powerful Argument In Opposition To Medical Malpractice Reforms That Would Unnecessarily Restrict The Rights Of Indiana Medical Malpractice Victims

The United States Congress is currently considering medical malpractice and tort legislation that would unnecessarily restrict the rights of Indiana citizens that are the innocent victims of medical malpractice and other careless and reckless acts.  Fred Thompson, the former conservative Republican Senator from Tennessee, recently authored a very persuasive article in opposition to this type of legislation.  The article (reprinted below) makes it clear that true conservatives are not supporters of  this type

January 24th, 2011

Indiana Court of Appeals Holds That Patron’s Voluntary Intoxication Is Not Complete Defense To Dramshop Action Against Bar

In Gray v. D & G, Inc., 938 N.E.2d 256 (Ind.Ct.App. 2011), the Indiana Court of Appeals held that  a bar patron’s voluntary intoxication is not a complete defense to his dramshop action against the bar that served him.  A bar is not allowed to serve alcohol to a patron that is visibly intoxicated under Indiana Code Sec. 7.1-5-10-15.5.   It will be for a jury

January 23rd, 2011

Indiana Recognizes The “Substantial Compliance” Doctrine When Determining Whether An Insured Intended To Change The Beneficiary To A Life Insurance Policy

Many times an insured to a life insurance policy has died believing that he or she had changed the beneficiary to a life insurance policy only to have the insurer refuse to recognize the change due to a  technicality.  Indiana law recognizes that the insured’s intent should be fulfilled in spite of any technical flaw in the change under the equitable “substantial compliance” doctrine.  See Borgman v. Borgman,

December 30th, 2010

Indiana Court of Appeals Holds That Plaintiffs In Underinsured Motorist Claims May Obtain Pre-Judgment Interest In Excess of Their Policy Limits

On December 30, 201o, the Indiana Court of Appeals held that Plaintiffs in underinsured motorist claims may obtain pre-judgment interest in excess of their policy limits.  The holding was issued in the matter of  Inman v. State Farm Mutual Automobile Insurance Co., 41A01-1005-CT-225.   The opinion reverses the decision of the Johnson Superior Court that had denied pre-judgment interest folllowing a jury trial and entry of judgment

December 27th, 2010

Indiana Court of Appeals Holds That Insureds Are Not Entitled To Recover Damages for Emotional Distress Damages When They Do Not Suffer An Impact

In Taele v. State Farm Insurance, 936 N.E.2d 306 (Ind.Ct.App. 2010), the Indiana Court of Appeals held in a 2-1 decision that an insured is not entitled to recover damages for emotional distress in asserting an uninsured motorist claim when they do not suffer an “impact.”   Judge Crone authored a very persuasive dissent that it makes little sense to allow an insured to assert a

December 27th, 2010

Indiana Supreme Court Holds That A Plaintiff May Present Alternative Wrongful Death and Survival Claims To A Jury Under Indiana Law

In Cahoon v. Cummings, 734 N.E.2d 535 (Ind. 2000), the Indiana Supreme Court held that a medical malpractice plaintiff may present both a wrongful death action and a survival action to a jury where the issue of causation of the death was in dispute. The jury is then to be instructed that they are to return a verdict for the plaintiff under either, but not

December 27th, 2010

Indiana Supreme Court Clarifies Non-Party Defense In Affirming Plaintiff’s Product Liability Jury Verdict

In TRW, Inc. v. Moore, 936 N.E.2d 201 (Ind. 2010), the Indiana Supreme Court affirmed a several million dollar jury verdict against Ford Motor Company.  The case was a product liability action alleging that Ford was negligent in designing its seatbelt system and that the defect was a proximate cause of the death of the Plaintiffs’ father and husband.  The Indiana Supreme Court reversed the

Hovde Dassow + Deets is an Indianapolis-based law firm specializing in Personal Injury Law. Our attorneys practice in the following areas of personal injury law: Truck + car accidents, Medical malpractice, Drug liability, Wrongful death claims, Construction accidents, Nursing home injuries, Injuries to children, Pharmacy + prescription errors, ATV injuries, Defective product claims, Consumer class action, Aviation incidents, Train-crossing accidents. Hovde Dassow + Deets is based in Indianapolis, IN and serves clients and potential clients in the following areas and beyond:

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