Articles Posted in Personal Injury

©Michael Flippo Happy Thanksgiving 2016

Effective July 1, 2011, people are not allowed to use phone or pager or personal digital assitn to text, email or read texts or emails while driving. An exception to the law permits texting and emailing or reading texts or emails if “used in conjunction with hands free or voice…

On May 18, 2011, the Indiana Supreme Court resolved the confusion surrounding in Indiana appellate case law in the area of sport injuries. The case which the high court reviewed and vacated was Pfenning vs. Lineman 2011 WL 1885261. In Pfenning, a minor was struck in the mouth by a…

Indiana has now joined other states in stopping the immediate mailing of advertising materials to accident victims by attorneys. This 30 day period was part of the new Indiana Supreme Court Rules on Advertising. The rules states that “a lawyer shall not solicit professional employment from a prospective client if…

On September 30, 2010, the Indiana Supreme Court, in the case of Donovan v. Grand Victoria Casino & Resort, L.P. — N.E.2d —, 2010 WL 3823132 (Ind. 2010), affirmed “one of the time-honored principles of property law” which is “the absolute and unconditional right of private property owners to exclude…

In Pfenning v. Lineman et al., 2010 Ind. App. LEXIS 164, the Court of Appeals of Indiana, expanded the doctrine of no duty from one participant in a sporting event to another to include not just the players, coaches and those sitting on the bench to also include volunteers at…

Under Indiana’s Child Wrongful Death Act (I.C. 34-23-2-1) a parent may recover for the loss of child killed by the negligence of another. There is no cap under the Child Wrongful Death Act. There is however, a cap under the Adult Wrongful Death Act (I.C. 34-23-1-2) for love and companionship…

On January 27, 2010, the Indiana Supreme Court held that the period of time that the immunity for loses caused by temporary weather lasts is “at least until the weather condition has stabilized”. The high court also held that during this time period, the governmental unit is immunized for liability…

The Supreme Court of Nevada in the case of Lioce v. Cohen et al., 149 P3d 916 (Nevada 2006) held that the defense attorney’s arguments based upon jury nullification, personal opinion regarding the justness of a plaintiff’s case and invoking the golden rule argument amounted to attorney misconduct. In four…

Despite the Indiana Supreme Court’s recent decision in Glotzbach v. Froman, 854 N.E.2d 337 (Ind.2006), in which the Court held that there is no third party cause of action for spoliation against an employer of the injured party, Indiana still recognizes the cause of action of third party spoliation cases.…