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May 23rd, 2011
Posted by Nicholas C. Deets, Hovde Dassow & Deets
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
Posted by Nicholas C. Deets, Hovde Dassow & Deets
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
Posted by Nicholas C. Deets, Hovde Dassow & Deets
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
Posted by Nicholas C. Deets, Hovde Dassow & Deets
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
Posted by Nicholas C. Deets, Hovde Dassow & Deets
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
Posted by Nicholas C. Deets, Hovde Dassow & Deets
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
Posted by Nicholas C. Deets, Hovde Dassow & Deets
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
Posted by Nicholas C. Deets, Hovde Dassow & Deets
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
Posted by Nicholas C. Deets, Hovde Dassow & Deets
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
Posted by Nicholas C. Deets, Hovde Dassow & Deets
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
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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: