Death to Personalty: Indiana s New Pattern Jury Instructions in Products Liability Cases

Size: px
Start display at page:

Download "Death to Personalty: Indiana s New Pattern Jury Instructions in Products Liability Cases"

Transcription

1 IN THE NEWS DEATH TO PERSONALTY: Indiana s New Pattern Jury Instructions in Products Liability Cases was first published in the Defense Trial Counsel of Indiana s section of the Indiana Lawyer (Nov ).. Reprinted with permission of the Defense Trial Counsel of Indiana. The article was written by Indianapolis attorneys Keith Hays and B.J. Brinkerhoff. PRACTICE SPOTLIGHT Learn more about our Trucking and Railroad Practice and our upcoming speaking engagement with ACI (see page 7). Death to Personalty: Indiana s New Pattern Jury Instructions in Products Liability Cases There has been great debate in the Indiana legal community about the recent changes to Indiana s Model Jury Instructions that were revised to be written in plain English. Lawyers have huddled in offi ces and conference rooms challenging each other about analogies to animals running through snow and inferences v. deductions. While there are tidal shifts in the New Model Jury Instructions for those who practice in criminal law or litigate estate planning cases, a trial involving product liability will likely be made easier by the new model instructions. This article will detail some of the more interesting changes to the model instructions from the old Indiana Pattern Jury Instructions and provide a guide for navigating the new model instructions. A few things must be emphasized initially. The Indiana Model Civil Jury Instructions are created by an independent organization, the Indiana Judges Association ( IJA ). They are neither written, reviewed, revised, nor preapproved by the Indiana Supreme Court. The use of the model instructions is discretionary. Until an instruction is reviewed and upheld in an appellate opinion, it is merely advisory. That said, most judges encourage and demand use of the model instructions as a baseline for instructions used in their court. In fact, judges have already begun using these instructions at trial. The IJA has held a series of seminars on the new instructions, where they have indicated that the shift to plain English instructions was necessary to eliminate juror confusion with old, archaic legalese contained in the Indiana Pattern Jury Instructions. The common example given was a jury study that showed most jurors believed a preponderance of the evidence meant a slow, careful pondering of the evidence. The IJA has emphasized at these seminars that concerted effort was made to ensure that the plain English instructions did not represent a change in the law but rather a change in how the law was communicated. A CHANGE IN TERMINOLOGY: The new instructions present an interesting situation in products liability practice. In Indiana, product liability is strictly a creature of statute. The statute was written in relatively modern times using relatively modern language. The statute says what it says. There should be little room for debate, nuance, or confusion. Admittedly, we did spend more than ten years appealing and arguing whether and meant or in the asbestos Product Liability Statute of Repose. Ott v. Allied Signal, Inc., 827 N.E.2d 1144 (Ind. Ct. App. 2005). Jury Instructions...continued on page 3

2 Insuring The Future of Open Source This is an overview of the white paper that is available on our web site at Open source software s future rests as much in the hands of insurance companies as it does in the hands of software programmers. The recent decision in Jacobsen v Katzer 535 F.3d 1373 (2008) held that an action for infringement of copyright was applicable for the violation of an open source license. This results in an extremely substantial risk in both the development and distribution of software containing open source, a risk that can only be offset by specialized open source software insurance. Open source software initiatives allow computer programmers to use and modify software in a communal rather proprietary, hierarchical setting. This communal setting permits the programming to advance software faster and at a lower cost. In exchange and in consideration for these economic and creative benefi ts, the programmer who adds to the collective permits users to copy, modify and distribute the software code subject to conditions set forth in the open source license. The case of Jacobsen v Katzer has been heralded by some and bemoaned by others as the fi rst court decision to recognize a copyright infringement claim for violation of an open source license. While the holding in this case focuses on several clauses in the Artistic License at issue, it appears that it will be applicable to most if not all open source licenses. As such, violators of open source licenses may be subject to the substantial damages available under the Copyright Act. Due to the Jacobson case and the numerous cases currently being fi led, the risk for violations of an open source license have greatly increased, both to direct violators and downstream violators. Some argue that the risk can be managed. To this end, there are several risk management options a company can utilize in its business practices. These include: a) adopting an open source use policy, b) implementing open source education and training, c) conducting business wide audits of all software, d) implementing record keeping and code management procedures, e) internal restructuring, and f) monitoring commercial software. These practices, however, are not fool proof. There are clearly times when a business would simply fail to recognize an open source risk or question the actual viability of an open source license. That is where open source insurance comes into play. In 2004, given the potential risks that open source software could result in monetary loss to a company, experts in the fi eld of open source recognized a need for insurance coverage. Therefore, long before Jacobsen, companies such as DAX Technologies Corporation and Open Source Risk Management, through Lloyd s of London, began introducing specialized open source risk insurance. When the insurance was introduced, many scoffed at the idea since it was felt there was no real need for the insurance due to the lack of any successful lawsuits. Further, it was felt that the cost/benefi t analysis was very thin. However, given the new higher potential for damages since Jacobsen, this insurance may well now play a vital role in risk management of open source software. ABOUT THE AUTHOR: Cheryl Ronk is an associate in our Farmington Hills, Michigan office. Her practice encompasses contracts, business, intellectual property and insurance defense law. She has handled more than 20 trials acting as lead trial attorney. She has also written and argued more than 30 successful appeals in both the Michigan Court of Appeals and the Michigan Supreme Court. Cheryl is currently pursuing her LLM degree in intellectual property law at Michigan State University with an emphasis in internet law. The intellectual property program has been ranked by U.S. News and World report as one of the top, cutting edge such programs in the nation.

3 Jury Instructions...continued from page 1 Any lawyer can admit that some of the defi nitions used in Indiana s Products Liability Act are confusing and outdated. For example: Old Instruction No (D): Product-Defi nition: Product means any item or good that is personalty at the time that it is conveyed by the seller to another party. It does not apply to a transaction that, by its nature, involves wholly or predominately the sale of a service rather than a product. This defi nition tracks the statute verbatim. However, the term personalty is so antiquated it does not appear in modern spell-checks. Webster s Dictionary defi nes personalty as a noun describing personal estate or property and then notes it is a sixteenth century term. Black s Law Dictionary defi nes personalty as personal property; moveable property; chattels; property that is not attached to real estate. Establishing something is a product is the fi rst element in the entire cause of action. Given these simple defi nitions of an archaic term, it would seem logical to change the defi nition in the Model Jury Instructions. The IJA appears to have looked at the dictionary defi nitions and put together a much clearer defi nition of property. New Instruction: 2107 Product Defi nition: A product is a physical object that is personal property at the time it is [sold][transferred] by the seller to another person or entity. The term product does not apply where a transaction mainly involves the sale of a service. The defi nition itself may require some further refi ning as to what is personal property in some cases. However, the new instruction eliminates the term personalty as the lynchpin in the defi nition of product. Essentially, the old instruction automatically requires clarifi cation, while the new instruction is much more manageable. It is easy to anticipate that jurors will know the term personal property as soon as the court reads this instruction. Another signifi cant language change involves the old Instruction Number 7.03, Product Liability against Manufacturer: Elements Instructions: Burdens of Proof. Instruction 7.03 was quite lengthy beginning with an introduction that stated the Plaintiff must prove each of the following propositions by a preponderance of the evidence and ending with a statement that Plaintiff must prove these propositions; the Defendant has no burden of disproving them. Under the new model instructions, the old 7.03 is broken up into two new instructions, 2101 and Instruction 2101 lays out the new defi nition of preponderance of the evidence found throughout the plain English jury instructions. [Plaintiff] claims that [Defendant] [insert claimed actions]. [Plaintiff] must prove (these) claims by the greater weight of evidence. Instruction 2101 also details the new defi nition of burden of proof: [Defendant] denies [Plaintiff s] claims. [Defendant] is not required to disprove [Plaintiff s] claims. Practitioners should note these instructions can all be trumped by Jury Rule 20 and Trial Rule 51 (A) and Trial Rule 16(J), if you have drafted a proper pretrial order. Most complaints, answers, and other pleadings often rely on the type of legal terms from which the model instructions and the plain English movement are trying to shift. The committee comments indicate that all efforts should be made to instruct the jury based on the pretrial order rather than regurgitating the allegations in the pleadings that are often rigidly and pointlessly applied. See Vlach v. Goode, 515 N.E.2d 569 (Ind. Ct. App. 1982; 62 Am. Jur. 2d PreTrial Conference 29 at 661 (1972). The layout of Model Instruction 2103: Burden of Proof is similar to that contained in old One glaring change is use of term responsible cause of physical harm. The defi nition of responsible cause contained in 2105 eliminates the use of proximate cause. A person s conduct is legally responsible for causing [an injury] if: (1) the [injury] would not have occurred without the conduct, and (2) the [injury] was a natural, probable, and foreseeable result of the conduct. This is called the responsible cause. It is interesting to review the comments issued by the Committee in Model Instruction This section carefully lays out all the ways the Committee loathed the term proximate cause and tried to remove it from anything the jury may hear. The Jury Instructions...continued on page 4

4 Jury Instructions...continued from page 3 comments reveal the thought process of the Committee and the Indiana Supreme Court precedent on the issue. See, e.g., the language cited by the IJA in Comments from Paragon Family Rest. v. Bartolini, 7999 N.E.2d 1048, 1054 (Ind. 2003) (quoting Bader v. Johnson, 732 N.E.2d 1212, 1218 (Ind. 2000). The Comments to Model Instruction 2105 say: Prosser and Keaton say that proximate cause is an unfortunate word, which places entirely the wrong emphasis on the factor of physical or mechanical closeness. Prosser & Keeton, The Law of Torts 42. They even imply that it was a sin to have coined the term proximate cause in the fi rst place. Prosser & Keeton, The Law of Torts 42 ( The word proximate is a legacy of Lord Chancellor Bacon, who in his time committed other sins. ) The Committee has determined that the use of a term so likely to be misunderstood is against the policy behind clear jury instructions. The IJA endeavored to establish a defi nition that covers causation in fact and but-for causation. Under Indiana law, the proximate cause instruction is not required in cases that involve but for causation so long as the instructions as a whole adequately convey the law in the area. Clay City Consol. Sch. Corp. v. Timberman, 918 N.E.2d 292, 301 (Ind. 2009). The IJA worked to ensure that the instruction as a whole did adequately convey Indiana precedent in both causation in fact (Section 1) and proximate cause (Section 2). However, you should note that the defi nition of responsible cause refers to conduct, implying an action. There is no reference to an omission or failure to act contained in the pattern instructions. The language changes detailed above are just a few examples of the most signifi cant textual changes that are found in the Model Civil Jury Instructions. It would be prudent to review each new instruction and their comments to analyze where the IJA determined the language of the statute was confusing and attempted to clarify the situation. These changes can be signifi cant in some fact-sensitive cases. A CHANGE IN LAYOUT: The new model instructions contain a strict liability section, a negligence section and a warranty section. Under the old Pattern Jury Instructions, a judge or lawyer was required to bounce from the products liability section 7 to other sections to obtain standard instructions for different aspects of the case. The model instructions on strict liability provide all-encompassing instructions for a strict liability case within sections 2100 et seq. The Model Instructions Negligence section 2300 et seq. now give succinct instructions for all elements in a products liability case without requiring reference to other chapters on negligence, comparative fault, and the like. The following instructions are the same through the strict liability and negligence sections: 2127 and 2311 Reasonable Care- Definition 2105 and 2313 Responsible Cause (Proximate Cause) Defi nition 2107 and 2315 Product Defi nition 2109 and 2317 User or Consumer Defi nition 2111 and 2319 Physical Harm-- Defi nition 2113 and 2321 Seller Defi nition 2115 and 2323 Manufacturer Defi nition 2117 and 2325 Unreasonably Dangerous Defi nition 2131 and 2333 Defense Misuse of Product 2133 and 2335 Defense Known Defect and Danger 2135 and 2337 Defense Modifi cation/alteration of Product The following instructions have been completely eliminated: 7.32 (Duty to Provide Product Reasonably Safe for Its Intended Use) 7.33 (No Duty to Produce Accident Proof Products) 7.35(B) (Liability for Hidden Defects) 7.36 (Seller Holding Self Out as Manufacturer) 7.38 (Duty to Inspect for Dangers) 7.39 (Duty of Care in Providing Products for Doing Work) Jury Instructions...continued on page 5

5 Jury Instructions...continued from page 4 Finally, gone are the days we have to lug to court a bulky three-ring binder that is only half fi lled with paper. The New Model Civil Jury Instructions are now bound as a book. The book can be ordered through Lexis at or by calling Overall, the IJA did an exemplary job cleaning up the old instructions as they relate to a products liability case. The new book with comprehensive sections that repeat instructions will be a useful tool for lawyers on both sides of the v and judges alike. As Chief Justice Randall Shepard said in his January 2010 State of the Judiciary Speech, Trial by a jury of our peers is one of the most precious rights we possess as Americans. Giving the citizens who serve on juries the clearest possible instructions about the law that applies to individual cases is crucial to helping them do justice. The death of personalty and other confusing legalese in the Model Civil Jury Instructions is a step in the right direction. ABOUT THE AUTHORS: Keith Hays is a partner with Kopka Pinkus Dolin & Eads in Indianapolis, Indiana. B.J. Brinkerhoff is an associate in the fi rm and a member of the Defense Trial Counsel of Indiana. The opinions expressed in this article are those of the authors. Keith Hays B.J. Brinkerhoff Illinois Legal Corner In October, Chicago trial attorney ANDREW BOROS defended two personal injury lawsuits at jury trial in Illinois state courts. In the fi rst matter in Will County, IL., the plaintiff sustained injuries to her right hand requiring two surgeries as a result of a motor vehicle accident with our client as both vehicles were attempting to enter a left turn lane at a controlled intersection. An independent witness testifi ed our client was exceeding the speed limit and failing to keep a proper lookout as he entered the lane. The plaintiff testifi ed she also entered the left turn lane and was struck by our client without warning. The photos of the plaintiff s vehicle refuted the speeding allegation and our client testifi ed consistently that the plaintiff cut into his lane of traffi c. Plaintiff s lowest demand was $75,000. The jury deliberated over 35 minutes including lunch in fi nding entirely for our client and against the plaintiff. Plaintiff was represented by one of the premier plaintiff s fi rms in Illinois, Corboy & Demetrio. This was Mr. Boros 9th civil jury trial verdict in which the jury found for his client on all counts and awarded the plaintiff nothing. In the second matter tried by ANDREW BOROS in October, in a trial held in Cook County, IL., the plaintiff claimed soft tissue injuries as a result of a rear-end motor vehicle accident near a toll booth on Interstate 90. Plaintiff testifi ed to a moderate impact while our client maintained it was a minor impact. Over the plaintiff s counsel s objections and following extensive argument, the trial judge allowed the photographs of the plaintiff s vehicle to be admitted in evidence and displayed to the jury although no biomechanical expert was retained. The plaintiff produced at trial two medical witnesses who both tied the claimed injuries to the accident as well as a lay witness who testifi ed to plaintiff s loss of normal life after the accident. Plaintiff received physical therapy, chiropractic treatment, x-rays, an EMG and an MRI with medical bills of approximately $12,500 admitted in evidence. The jury returned a verdict of the medical bills only with nothing for pain and suffering and nothing for loss of normal life. Plaintiff is not appealing the verdict.

6 Michigan Legal Corner Partner KEVIN PLAGENS had a recent trial victory after a two week jury trial for one of our insurance carrier clients involving an occurrence from the 1980s in which the plaintiff sought no fault damages and if the jury found that our client did not act reasonably, they would have assessed attorneys fees. The jury found that our client had acted reasonably, awarded a small amount for the injury (less than the case evaluation award) and accordingly, no attorneys fees will be awarded. Associate CHRISTOPHER HILLS successfully represented a Federal Court case resulted from a motor vehicle accident in Ohio wherein the plaintiff s vehicle struck the trailer hauled by the defendant as he backed it into the street in an attempt to go down the customer s driveway. The plaintiff brought a personal injury lawsuit against the defendant (our client s policyholder) and the equipment/tractor dealership. Our client sought to rescind a bodily injury policy as the insured was a former independent insurance agent who sold himself a personal auto policy for business autos unbeknownst to our client. A summary judgment motion was granted in full based on the business use exclusion and based on the misrepresentation in the application regarding the insured s failure to disclose that his listed vehicle was in fact for business use. Our client had zero exposure from the plaintiff s lawsuit. CHRISTOPHER HILLS also prevailed by Summary Disposition and Summary Judgment, respectively, in two very complicated cases which also included the pre-suit EUO expertise of Partner Gene Pinkus. The cases, arising from a single car accident where the plaintiff was pronounced dead at the scene and the passengers in the plaintiffs car were seriously injured, encompassed a complicated set of facts involving collusion, fraud, bait and switch, insurable interest issues and misrepresentations in the application which we were trying to impute to third parties. The exposure to our client included large incurred medical bills from the hospitals, potential life long benefi ts, and wrongful death/serious injury exposure from the owner/insured. McCormick v. Carrier Webinar: The Unraveling of a Threshold - One Dictionary at a Time January 11, am PST/11 am CST/12 pm EST A webinar for insurance professionals that will discuss Michigan s McCormick v. Carrier opinion and how to develop and implement global litigation strategies to minimize its effect. KPDE Speaker: Partner Mark Dolin Registration opens Monday, December 13, 2010 Visit Deconstructing Risk Forum January 26, am - 12 pm CST Avalon Manor, Merrillville, IN A seminar for contractors focusing on the legal environment and the surety marketplace. KPDE Speakers: Partners Robert Kopka & Joseph Forte To register, visit: ACI s Defending and Managing Trucking Litigation March 31 April 1, 2011 Sutton Place Hotel Chicago, IL The essential forum that will shape the future of defense and risk management strategies for the industry s leading counsel and claims and risk management professionals KPDE Speaker: Partner James Milstone To register, visit:

7 We have handled hundreds of trucking and railroad cases in Illinois, Indiana, and Michigan representing numerous interstate and intrastate carriers, interstate and international freight forwarders, railroads, warehousemen and bailees and insurers in a variety of litigation arising out of various modes of transportation and storage of freight throughout the United States. We have handled delivery trucks, box trucks, semi-tractor trailers, dump trucks, logging trucks, rail freight and other various types of commercial transportation. Our Firm also represents over-the-road interstate and intrastate carriers in personal injury, automobile collision, workers compensation, employment law and cargo damage defense cases. Several of our attorneys concentrate their practice in the defense of trucking and railroad companies. Most are members of TIDA (Truck Industry Defense Association) and all have tried numerous, serious truck accident cases. We represent several national trucking and railroad companies on a regional basis, including Pepsi, Rail America, Inc., Ryder Logistics and Transportation, Transport America, Yellow Roadway, and specialty insurers such as Acuity Insurance, Canal Insurance, CNA Insurance KPDE Connection is prepared and published by Kopka, Pinkus, Dolin & Eads. The articles are of a general Companies, Great West Casualty Company, National Indemnity, and Northland nature and they are not intended to be Insurance. interpreted as advice on specifi c legal issues. Editors of this newsletter include: Our Firm has a Rapid Response Team (RRT), which is comprised of attorneys in each of its Illinois, Indiana and Michigan offi ces, to serve its commercial transportation clients. The attorneys on the RRT are available 24/7 via home and cell phone numbers. When an accident occurs and is reported to our RRT, an attorney will come to the scene along with a preferred independent adjuster and/or traffi c accident reconstruction expert to capture relevant evidence that is Andrew Boros - Ilinois BJ Brinkerhoff - Indiana Melissa Melshenker Ackerman - Michigan Kopka, Pinkus, Dolin & Eads is a multi-state law fi rm dedicated to the defense of litigated matters in Indiana, Illinois and Michigan. Exceeding our often lost if left to a police report. Legal counsel is then provided to your in-house clients expectations is at the core risk management for a prompt and early evaluation regarding exposure. RRT of the fi rm s practice in insurance attorneys also shield insured drivers from making ill advised statements to law defense, commercial litigation, enforcement or plaintiff attorney investigators, deal with governmental agencies workers compensation, bankruptcy and creditors rights, employment law, when spills or road damage occurs and are available to represent insured drivers mediation, municipal litigation, product in criminal and traffi c violations when necessary. For more information, including liability, professional liability, restaurant a list of our RRT attorneys and their contact information, please contact Robert Kopka at x602. and retail, trucking and railroad, and toxic tort and environmental liability. Join us at ACI s Defending and Managing Trucking Litigation Conference on March 31 - April 1, Indiana Partner James Milstone will be a panelist discussing, Punitive Damages: How to Combat the Latest Nuances Plaintiffs Are Using to Make the Case at 10:30 a.m. on Friday, April 1, We look forward to seeing you there. To register visit AmericanConference.com/ Trucking. If you have any questions on the content of this newsletter, please send us an at Kopka, Pinkus, Dolin & Eads, LLC 100 Lexington Drive, Suite 100 Buffalo Grove, IL Tel: Fax:

Chapter 4 Crimes (Review)

Chapter 4 Crimes (Review) Chapter 4 Crimes (Review) On a separate sheet of paper, write down the answer to the following Q s; if you do not know the answer, write down the Q. 1. What is a crime? 2. There are elements of a crime.

More information

Cardelli Lanfear P.C.

Cardelli Lanfear P.C. Michigan Prepared by Cardelli Lanfear P.C. 322 West Lincoln Royal Oak, MI 48067 Tel: 248.850.2179 Fax: 248.544.1191 1. Introduction History of Tort Reform in Michigan Michigan was one of the first states

More information

The Effect of Product Safety Regulatory Compliance

The Effect of Product Safety Regulatory Compliance PRODUCT LIABILITY Product Liability Litigation The Effect of Product Safety Regulatory Compliance By Kenneth Ross Product liability litigation and product safety regulatory activities in the U.S. and elsewhere

More information

Personal Injury Litigation

Personal Injury Litigation Personal Injury Litigation The Anatomy of a New York Personal Injury Lawsuit An ebook by Stuart DiMartini, Esq. 1325 Sixth Avenue, 27 th Floor New York, NY 10019 212-5181532 dimartinilaw.com Introduction

More information

Do You Have a Case? Truck Accident. ebooklet. Andrew Miller. 201 South 3rd Street Logansport, IN 46947 P: (574) 722-6676. www.starrausten.

Do You Have a Case? Truck Accident. ebooklet. Andrew Miller. 201 South 3rd Street Logansport, IN 46947 P: (574) 722-6676. www.starrausten. Do You Have a Case? Truck Accident ebooklet Andrew Miller 201 South 3rd Street Logansport, IN 46947 P: (574) 722-6676 www.starrausten.com Disclaimer No attempt is made to establish an attorney-client relationship

More information

Products Liability: Putting a Product on the U.S. Market. Natalia R. Medley Crowell & Moring LLP 14 November 2012

Products Liability: Putting a Product on the U.S. Market. Natalia R. Medley Crowell & Moring LLP 14 November 2012 Products Liability: Putting a Product on the U.S. Market Natalia R. Medley Crowell & Moring LLP 14 November 2012 Overview Regulation of Products» Federal agencies» State laws Product Liability Lawsuits»

More information

THE THREAT OF BAD FAITH LITIGATION ETHICAL HANDLING OF CLAIMS AND GOOD FAITH SETTLEMENT PRACTICES. By Craig R. White

THE THREAT OF BAD FAITH LITIGATION ETHICAL HANDLING OF CLAIMS AND GOOD FAITH SETTLEMENT PRACTICES. By Craig R. White THE THREAT OF BAD FAITH LITIGATION ETHICAL HANDLING OF CLAIMS AND GOOD FAITH SETTLEMENT PRACTICES By Craig R. White SKEDSVOLD & WHITE, LLC. 1050 Crown Pointe Parkway Suite 710 Atlanta, Georgia 30338 (770)

More information

Auto accidents can cause thousands or even millions of dollars in losses due to medical expenditures, an inability to work, a reduction in future

Auto accidents can cause thousands or even millions of dollars in losses due to medical expenditures, an inability to work, a reduction in future TEXAS AUTO ACCIDENTS Auto accidents can cause thousands or even millions of dollars in losses due to medical expenditures, an inability to work, a reduction in future earnings, or the untimely death of

More information

Reed Armstrong Quarterly

Reed Armstrong Quarterly Reed Armstrong Quarterly January 2009 http://www.reedarmstrong.com/default.asp Contributors: William B. Starnes II Tori L. Cox IN THIS ISSUE: Joint and Several Liability The Fault of Settled Tortfeasors

More information

In the Indiana Supreme Court

In the Indiana Supreme Court ATTORNEYS FOR PLAINTIFF ATTORNEYS FOR DEFENDANT ATTORNEYS FOR AMICI CURIAE David V. Scott Nelson D. Alexander Indiana Legal Foundation, Inc. New Albany, Indiana Kevin C. Schiferl Peter J. Rusthoven Maggie

More information

Professional Practice 544

Professional Practice 544 February 15, 2016 Professional Practice 544 Tort Law and Insurance Michael J. Hanahan Schiff Hardin LLP 233 S. Wacker, Ste. 6600 Chicago, IL 60606 312-258-5701 mhanahan@schiffhardin.com Schiff Hardin LLP.

More information

Changes to Michigan s Workers Compensation Act written by Jerry R. Newman

Changes to Michigan s Workers Compensation Act written by Jerry R. Newman Changes to Michigan s Workers Compensation Act written by Jerry R. Newman The Michigan Legislature has enacted major changes to the Workers Compensation Act which were recently signed by the Governor.

More information

RIGHT Lawyers. Stacy Rocheleau, Esq. Gary Thompson, Esq.

RIGHT Lawyers. Stacy Rocheleau, Esq. Gary Thompson, Esq. rightlawyers.com RIGHT Lawyers Right Lawyers has successfully represented numerous clients in the areas of car accidents, work injuries, and slip and falls. The goal of this guide is to provide you answers

More information

ACCIDENT INVESTIGATION GUIDELINES WITH LITIGATION IN MIND

ACCIDENT INVESTIGATION GUIDELINES WITH LITIGATION IN MIND ACCIDENT INVESTIGATION GUIDELINES WITH LITIGATION IN MIND Introduction The purpose of this paper is to alert the reader to concepts used in the defense of construction related lawsuits and to suggest how

More information

A&E Briefings. Indemnification Clauses: Uninsurable Contractual Liability. Structuring risk management solutions

A&E Briefings. Indemnification Clauses: Uninsurable Contractual Liability. Structuring risk management solutions A&E Briefings Structuring risk management solutions Spring 2012 Indemnification Clauses: Uninsurable Contractual Liability J. Kent Holland, J.D. ConstructionRisk, LLC Professional consultants are judged

More information

NURSING HOME CARE ACT INTRODUCTION. The Nursing Home Care Act, 210 ILCS 45/1, et seq., was adopted amid concern over

NURSING HOME CARE ACT INTRODUCTION. The Nursing Home Care Act, 210 ILCS 45/1, et seq., was adopted amid concern over NURSING HOME CARE ACT INTRODUCTION The Nursing Home Care Act, 210 ILCS 45/1, et seq., was adopted amid concern over reports of inadequate, improper and degrading treatment of patients in nursing homes.

More information

WHEN IT COMES TO. Personal Injury Law, LEARN. UNDERSTAND. ACT.

WHEN IT COMES TO. Personal Injury Law, LEARN. UNDERSTAND. ACT. WHEN IT COMES TO Personal Injury Law, LEARN. UNDERSTAND. ACT. When It Comes to Personal Injury Law, Learn. Understand. Act. Although individuals may have heard the term personal injury before, many do

More information

$24.55 4.4.12 2012 WL

$24.55 4.4.12 2012 WL Cook County Jury Awards $24.55 Million to Woman Paralyzed in Car Accident 4.4.12 This case was reported informally by Patrick Dowd, Chicago, Illinois attorney, and the jury verdict was reported by Westlaw

More information

IN THE COURT OF APPEALS OF INDIANA

IN THE COURT OF APPEALS OF INDIANA Pursuant to Ind. Appellate Rule 65(D), this Memorandum Decision shall not be regarded as precedent or cited before any court except for the purpose of establishing the defense of res judicata, collateral

More information

2015 IL App (2d) 141168-U No. 2-14-1168 Order filed October 15, 2015 IN THE APPELLATE COURT OF ILLINOIS SECOND DISTRICT

2015 IL App (2d) 141168-U No. 2-14-1168 Order filed October 15, 2015 IN THE APPELLATE COURT OF ILLINOIS SECOND DISTRICT No. 2-14-1168 Order filed October 15, 2015 NOTICE: This order was filed under Supreme Court Rule 23 and may not be cited as precedent by any party except in the limited circumstances allowed under Rule

More information

Kenneth B. Walton Senior Partner, Chair, Employment Practices Group kwalton@donovanhatem.com 617-406-4524 direct 617-406-4501 fax

Kenneth B. Walton Senior Partner, Chair, Employment Practices Group kwalton@donovanhatem.com 617-406-4524 direct 617-406-4501 fax Kenneth B. Walton Senior Partner, Chair, Employment Practices Group kwalton@donovanhatem.com 617-406-4524 direct 617-406-4501 fax Experience Kenneth B. Walton is a Founding Partner of the Boston-based

More information

Kenneth B. Walton Partner, Chair, Employment Practices Group Member, Executive Committee kwalton@donovanhatem.com 617-406-4524 direct 617-406-4501 fax

Kenneth B. Walton Partner, Chair, Employment Practices Group Member, Executive Committee kwalton@donovanhatem.com 617-406-4524 direct 617-406-4501 fax Kenneth B. Walton Partner, Chair, Employment Practices Group Member, Executive Committee kwalton@donovanhatem.com 617-406-4524 direct 617-406-4501 fax Experience Kenneth B. Walton is a Founding Partner

More information

STATE OF MINNESOTA IN SUPREME COURT A07-784. Court of Appeals Meyer, J. Took no part, Page and Gildea, JJ.

STATE OF MINNESOTA IN SUPREME COURT A07-784. Court of Appeals Meyer, J. Took no part, Page and Gildea, JJ. STATE OF MINNESOTA IN SUPREME COURT A07-784 Court of Appeals Meyer, J. Took no part, Page and Gildea, JJ. In re Continental Casualty Company and Continental Insurance Company, Petitioners. Continental

More information

Consumer Legal Guide. Your Guide to Automobile Insurance and Accidents

Consumer Legal Guide. Your Guide to Automobile Insurance and Accidents Consumer Legal Guide Your Guide to Automobile Insurance and Accidents WHAT TYPES OF COVERAGES ARE AVAILABLE? Generally, automobile insurance policies provide Bodily Injury and Property Damage Liability

More information

IN THE COURT OF APPEALS OF INDIANA

IN THE COURT OF APPEALS OF INDIANA Pursuant to Ind.Appellate Rule 65(D), this Memorandum Decision shall not be regarded as precedent or cited before any court except for the purpose of establishing the defense of res judicata, collateral

More information

2014 IL App (1st) 130250-U. No. 1-13-0250 IN THE APPELLATE COURT OF ILLINOIS FIRST JUDICIAL DISTRICT

2014 IL App (1st) 130250-U. No. 1-13-0250 IN THE APPELLATE COURT OF ILLINOIS FIRST JUDICIAL DISTRICT 2014 IL App (1st) 130250-U FIFTH DIVISION September 12, 2014 No. 1-13-0250 NOTICE: This order was filed under Supreme Court Rule 23 and may not be cited as precedent by any party except in the limited

More information

Commonly Used Terms in Auto Accident Cases

Commonly Used Terms in Auto Accident Cases Commonly Used Terms in Auto Accident Cases 117 South Willow Avenue Tampa, Florida 33606 Toll Free: 877-444-2929 Phone: 813-223-2929 Fax: 813-251-6853 Definitions are specific as to Florida Law. Other state

More information

DISTRICT OF COLUMBIA COURT OF APPEALS. No. 03-CV-1445. Appeal from the Superior Court of the District of Columbia (CA-3748-02)

DISTRICT OF COLUMBIA COURT OF APPEALS. No. 03-CV-1445. Appeal from the Superior Court of the District of Columbia (CA-3748-02) Notice: This opinion is subject to formal revision before publication in the Atlantic and Maryland Reporters. Users are requested to notify the Clerk of the Court of any formal errors so that corrections

More information

GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 2011 HOUSE DRH11149-TG-5 (12/01) Short Title: Tort Reform Act of 2011. (Public)

GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 2011 HOUSE DRH11149-TG-5 (12/01) Short Title: Tort Reform Act of 2011. (Public) H GENERAL ASSEMBLY OF NORTH CAROLINA SESSION HOUSE DRH-TG- (/01) D Short Title: Tort Reform Act of. (Public) Sponsors: Referred to: Representatives Blust and Daughtry (Primary Sponsors). 1 A BILL TO BE

More information

No. 1-10-0602 IN THE APPELLATE COURT OF ILLINOIS FIRST JUDICIAL DISTRICT

No. 1-10-0602 IN THE APPELLATE COURT OF ILLINOIS FIRST JUDICIAL DISTRICT SECOND DIVISION May 31, 2011 No. 1-10-0602 Notice: This order was filed under Illinois Supreme Court Rule 23 and may not be cited as precedent by any party except in the limited circumstances allowed under

More information

QUESTIONS AND ANSWERS ABOUT ILLINOIS AUTOMOBILE INSURANCE AND ACCIDENTS

QUESTIONS AND ANSWERS ABOUT ILLINOIS AUTOMOBILE INSURANCE AND ACCIDENTS QUESTIONS AND ANSWERS ABOUT ILLINOIS AUTOMOBILE INSURANCE AND ACCIDENTS What types of coverages are available? Generally, automobile insurance policies provide Bodily Injury and Property Damage Liability

More information

Personal Injury Law: Minnesota Medical Malpractice

Personal Injury Law: Minnesota Medical Malpractice Personal Injury Law: Minnesota Medical Malpractice Medical Malpractice Terms Statutes of Limitations Minnesota Medical Malpractice Laws Medical malpractice includes many forms of liability producing conduct

More information

Illinois Association of Defense Trial Counsel Springfield, Illinois www.iadtc.org 800-232-0169 IDC Quarterly Volume 24, Number 3 (24.3.

Illinois Association of Defense Trial Counsel Springfield, Illinois www.iadtc.org 800-232-0169 IDC Quarterly Volume 24, Number 3 (24.3. Illinois Association of Defense Trial Counsel Springfield, Illinois www.iadtc.org 800-232-0169 IDC Quarterly Volume 24, Number 3 (24.3.52) Property Insurance Catherine A. Cooke Robbins, Salomon & Patt,

More information

2013 IL App (1st) 120546-U. No. 1-12-0546 IN THE APPELLATE COURT OF ILLINOIS FIRST JUDICIAL DISTRICT

2013 IL App (1st) 120546-U. No. 1-12-0546 IN THE APPELLATE COURT OF ILLINOIS FIRST JUDICIAL DISTRICT 2013 IL App (1st) 120546-U Third Division March 13, 2013 No. 1-12-0546 NOTICE: This order was filed under Supreme Court Rule 23 and may not be cited as precedent by any party except in the limited circumstances

More information

IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF GEORGIA VALDOSTA DIVISION. Plaintiff, Civil Action No. 7:12-CV-148 (HL) ORDER

IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF GEORGIA VALDOSTA DIVISION. Plaintiff, Civil Action No. 7:12-CV-148 (HL) ORDER Case 7:12-cv-00148-HL Document 43 Filed 11/07/13 Page 1 of 11 CHRISTY LYNN WATFORD, IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF GEORGIA VALDOSTA DIVISION v. Plaintiff, Civil Action No.

More information

ATTORNEY FOR APPELLEE I N T H E COURT OF APPEALS OF INDIANA. Case Summary. truck driver by Appellant-Defendant R&L Carriers, an Ohio limited liability

ATTORNEY FOR APPELLEE I N T H E COURT OF APPEALS OF INDIANA. Case Summary. truck driver by Appellant-Defendant R&L Carriers, an Ohio limited liability ATTORNEY FOR APPELLANT Stephen L. Williams Kyle T. Ring Williams Law Firm Terre Haute, Indiana ATTORNEY FOR APPELLEE Robert B. Thornburg Maggie L. Smith Timothy L. Karns Frost Brown Todd LLC Indianapolis,

More information

No. 1-11-1354 IN THE APPELLATE COURT OF ILLINOIS FIRST JUDICIAL DISTRICT

No. 1-11-1354 IN THE APPELLATE COURT OF ILLINOIS FIRST JUDICIAL DISTRICT 2012 IL App (1st 1111354-U SIXTH DIVISION April 20, 2012 No. 1-11-1354 NOTICE: This order was filed under Supreme Court Rule 23 and may not be cited as precedent by any party except in the limited circumstances

More information

Cooper Hurley Injury Lawyers

Cooper Hurley Injury Lawyers Cooper Hurley Injury Lawyers 2014 Granby Street, Suite 200 Norfolk, VA, 23517 (757) 455-0077 (866) 455-6657 (Toll Free) YOUR RIGHTS WHEN YOU ARE INJURED ON THE RAILROAD Cooper Hurley Injury Lawyers 2014

More information

2014 IL App (5th) 120588-U NO. 5-12-0588 IN THE APPELLATE COURT OF ILLINOIS FIFTH DISTRICT

2014 IL App (5th) 120588-U NO. 5-12-0588 IN THE APPELLATE COURT OF ILLINOIS FIFTH DISTRICT NOTICE Decision filed 01/23/14. The text of this decision may be changed or corrected prior to the filing of a Petition for Rehearing or the disposition of the same. 2014 IL App (5th) 120588-U NO. 5-12-0588

More information

IN THE COURT OF APPEALS OF INDIANA

IN THE COURT OF APPEALS OF INDIANA Pursuant to Ind.Appellate Rule 65(D), this Memorandum Decision shall not be regarded as precedent or cited before any court except for the purpose of establishing the defense of res judicata, collateral

More information

Colorado s Civil Access Pilot Project and the Changing Landscape of Business Litigation

Colorado s Civil Access Pilot Project and the Changing Landscape of Business Litigation Colorado s Civil Access Pilot Project and the Changing Landscape of Business Litigation On January 1, 2012, new rules approved by the Colorado Supreme Court entitled the Civil Access Pilot Project ( CAPP

More information

2012 IL App (5th) 100579-U NO. 5-10-0579 IN THE APPELLATE COURT OF ILLINOIS FIFTH DISTRICT

2012 IL App (5th) 100579-U NO. 5-10-0579 IN THE APPELLATE COURT OF ILLINOIS FIFTH DISTRICT NOTICE Decision filed 05/03/12. The text of this decision may be changed or corrected prior to the filing of a Petition for Rehearing or the disposition of the same. 2012 IL App (5th) 100579-U NO. 5-10-0579

More information

FORC QUARTERLY JOURNAL OF INSURANCE LAW AND REGULATION

FORC QUARTERLY JOURNAL OF INSURANCE LAW AND REGULATION The plaintiff in Schmidt filed suit against her employer, Personalized Audio Visual, Inc. ("PAV") and PAV s president, Dennis Smith ("Smith"). 684 A.2d at 68. Her Complaint alleged several causes of action

More information

STATE OF MICHIGAN COURT OF APPEALS

STATE OF MICHIGAN COURT OF APPEALS STATE OF MICHIGAN COURT OF APPEALS KIRK ALFORD, Plaintiff-Appellant/Cross-Appellee, UNPUBLISHED January 19, 2006 v No. 262441 Wayne Circuit Court ALLSTATE INSURANCE COMPANY, LC No. 03-338615-CK and Defendant-Appellee/Cross-

More information

Illinois Official Reports

Illinois Official Reports Illinois Official Reports Appellate Court Acuity v. Decker, 2015 IL App (2d) 150192 Appellate Court Caption ACUITY, Plaintiff-Appellant, v. DONALD DECKER, Defendant- Appellee (Groot Industries, Inc., Defendant).

More information

MASSACHUSETTS INSURANCE LAW UPDATE

MASSACHUSETTS INSURANCE LAW UPDATE THE MCCORMACK FIRM, LLC ATTORNEYS AT LAW MASSACHUSETTS INSURANCE LAW UPDATE Plaintiff Awarded in Excess of $1 Million For Insurer s Failure to Settle Automobile Liability Claim Within $20,000 Policy Limits

More information

The A-B-C s of Motor Vehicle Collisions and Personal Injury Claims In Minnesota

The A-B-C s of Motor Vehicle Collisions and Personal Injury Claims In Minnesota The A-B-C s of Motor Vehicle Collisions and Personal Injury Claims In Minnesota Douglas E. Schmidt Accident Attorney 13911 Ridgedale Drive Suite 110 Minnetonka, MN 55305 952.473.4530 Fax: 952.544.1308

More information

Defendant has a duty to act as a reasonable person would in like or similar circumstances to avoid causing unreasonable risk of harm to others.

Defendant has a duty to act as a reasonable person would in like or similar circumstances to avoid causing unreasonable risk of harm to others. NEGLIGENCE (Heavily Tested) (Write On the Bar): In order for Plaintiff to recover in Negligence, she or he must plead and prove: DUTY, BREACH OF DUTY, ACTUAL CAUSATION, PROXIMATE CAUSATION, AND DAMAGES.

More information

case 1:11-cv-00399-JTM-RBC document 35 filed 11/29/12 page 1 of 6 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF INDIANA FORT WAYNE DIVISION

case 1:11-cv-00399-JTM-RBC document 35 filed 11/29/12 page 1 of 6 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF INDIANA FORT WAYNE DIVISION case 1:11-cv-00399-JTM-RBC document 35 filed 11/29/12 page 1 of 6 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF INDIANA FORT WAYNE DIVISION CINDY GOLDEN, Plaintiff, v. No. 1:11 CV 399 STATE FARM MUTUAL

More information

IN THE COURT OF APPEALS OF INDIANA

IN THE COURT OF APPEALS OF INDIANA FOR PUBLICATION ATTORNEY FOR APPELLANT: LINDA Y. HAMMEL Yarling & Robinson Indianapolis, Indiana ATTORNEY FOR APPELLEE: DAVID J. LANGE Stewart & Stewart Carmel, Indiana IN THE COURT OF APPEALS OF INDIANA

More information

IN THE COURT OF APPEALS OF INDIANA

IN THE COURT OF APPEALS OF INDIANA Pursuant to Ind.Appellate Rule 65(D, this Memorandum Decision shall not be regarded as precedent or cited before any court except for the purpose of establishing the defense of res judicata, collateral

More information

2016 IL App (1st) 133918-U. No. 1-13-3918 IN THE APPELLATE COURT OF ILLINOIS FIRST DISTRICT

2016 IL App (1st) 133918-U. No. 1-13-3918 IN THE APPELLATE COURT OF ILLINOIS FIRST DISTRICT 2016 IL App (1st) 133918-U No. 1-13-3918 SIXTH DIVISION May 6, 2016 NOTICE: This order was filed under Supreme Court Rule 23 and may not be cited as precedent by any party except in the limited circumstances

More information

IN THE COURT OF APPEALS OF INDIANA

IN THE COURT OF APPEALS OF INDIANA FOR PUBLICATION ATTORNEY FOR APPELLANT: KIRK A. HORN Mandel Pollack & Horn, P.C. Carmel, Indiana ATTORNEYS FOR APPELLEES: JOHN R. OBENCHAIN BRIAN M. KUBICKI Jones Obenchain, LLP South Bend, Indiana IN

More information

Association of Trial Lawyers of America New Jersey Personal Injury Trials: Turning the Tide Seminar

Association of Trial Lawyers of America New Jersey Personal Injury Trials: Turning the Tide Seminar USING TRUCKING REGULATIONS TO TURN THE TIDE IN TRUCKING CASES Association of Trial Lawyers of America New Jersey Personal Injury Trials: Turning the Tide Seminar Steven C. Laird John M. Cummings LAW OFFICES

More information

ILLINOIS OFFICIAL REPORTS

ILLINOIS OFFICIAL REPORTS ILLINOIS OFFICIAL REPORTS Appellate Court Allstate Property & Casualty Insurance Co. v. Mahoney, 2011 IL App (2d) 101279 Appellate Court Caption ALLSTATE PROPERTY AND CASUALTY INSURANCE COMPANY, ALLSTATE

More information

INSTRUCTIONS FOR USE

INSTRUCTIONS FOR USE Uniform Personal Injury Interrogatories INSTRUCTIONS FOR USE A. All information is to be divulged which is in the possession of the individual or corporate party, his attorneys, investigator, agents, employees,

More information

2015 IL App (1st) 141985-U. No. 1-14-1985 IN THE APPELLATE COURT OF ILLINOIS FIRST JUDICIAL DISTRICT

2015 IL App (1st) 141985-U. No. 1-14-1985 IN THE APPELLATE COURT OF ILLINOIS FIRST JUDICIAL DISTRICT 2015 IL App (1st) 141985-U No. 1-14-1985 NOTICE: This order was filed under Supreme Court Rule 23 and may not be cited as precedent by any party except in the limited circumstances allowed under Rule 23(e)(1).

More information

2013 IL App (3d) 120130-U. Order filed September 23, 2013 IN THE APPELLATE COURT OF ILLINOIS THIRD DISTRICT A.D., 2013

2013 IL App (3d) 120130-U. Order filed September 23, 2013 IN THE APPELLATE COURT OF ILLINOIS THIRD DISTRICT A.D., 2013 NOTICE: This order was filed under Supreme Court Rule 23 and may not be cited as precedent by any party except in the limited circumstances allowed under Rule 23(e)(1). 2013 IL App (3d) 120130-U Order

More information

IN THE SUPREME COURT OF TEXAS

IN THE SUPREME COURT OF TEXAS IN THE SUPREME COURT OF TEXAS 444444444444 NO. 11-0425 444444444444 PETROLEUM SOLUTIONS, INC., PETITIONER, v. BILL HEAD D/B/A BILL HEAD ENTERPRISES AND TITEFLEX CORPORATION, RESPONDENTS 4444444444444444444444444444444444444444444444444444

More information

2013 IL App (5th) 120093WC-U NO. 5-12-0093WC IN THE APPELLATE COURT OF ILLINOIS FIFTH DISTRICT WORKERS' COMPENSATION COMMISSION DIVISION

2013 IL App (5th) 120093WC-U NO. 5-12-0093WC IN THE APPELLATE COURT OF ILLINOIS FIFTH DISTRICT WORKERS' COMPENSATION COMMISSION DIVISION NOTICE Decision filed 08/20/13. The text of this decision may be changed or corrected prior to the filing of a Petition for Rehearing or the disposition of the same. 2013 IL App (5th 120093WC-U NO. 5-12-0093WC

More information

In the Indiana Supreme Court

In the Indiana Supreme Court ATTORNEY FOR APPELLANT Robert S. O Dell Carmel, Indiana ATTORNEYS FOR APPELLEE W. F. Conour Jeffrey A. Hammond Timothy F. Devereux Indianapolis, Indiana In the Indiana Supreme Court No. 29S02-0908-CV-378

More information

The Schlitt Law Firm A Consumer Guide to New York No-Fault Auto Insurance

The Schlitt Law Firm A Consumer Guide to New York No-Fault Auto Insurance The Schlitt Law Firm A Consumer Guide to New York No-Fault Auto Insurance The Schlitt Law Firm 79 Wall Street, Huntington, NY 11743 www.schlittlaw.com 631.425.9775 A Consumer Guide An Explanation of New

More information

ENFIELD PIZZA PALACE, INC., ET AL. v. INSURANCE COMPANY OF GREATER NEW YORK (AC 19268)

ENFIELD PIZZA PALACE, INC., ET AL. v. INSURANCE COMPANY OF GREATER NEW YORK (AC 19268) SCHALLER, J. The plaintiffs 2 appeal from the judgment rendered in favor of the defendant, Insurance Company of Greater New York, in this declaratory judgment action concerning a dispute about the defendant

More information

United States Workers Compensation/Indemnification Overview

United States Workers Compensation/Indemnification Overview United States Workers Compensation/Indemnification Overview January 18, 2012 Jill Kirila jill.kirila@squiresanders.com Kevin Hess kevin.hess@squiresanders.com 36 Offices in 17 Countries Workers Compensation

More information

FOR PROPERTY LOSS AND DAMAGE 1

FOR PROPERTY LOSS AND DAMAGE 1 13-20-801. Short title Colorado Revised Statutes Title 13; Article 20; Part 8: CONSTRUCTION DEFECT ACTIONS FOR PROPERTY LOSS AND DAMAGE 1 This part 8 shall be known and may be cited as the Construction

More information

FELA Railroad Injuries

FELA Railroad Injuries FELA Railroad Injuries Mark A. Anderson Contents FELA and the Legal Rights of Injured Railroad Workers...1 Cases Eligible Under FELA...2 The Railroad Company's Liability...4 Dealing With Your Employer

More information

The trademark lawyer as brand manager

The trademark lawyer as brand manager The trademark lawyer as brand manager This text first appeared in the IAM magazine supplement Brands in the Boardroom 2005 May 2005 For further information please visit www.iam-magazine.com Feature The

More information

Indiana Supreme Court

Indiana Supreme Court ATTORNEYS FOR APPELLANTS George M. Plews Sean M. Hirschten Plews Shadley Racher & Braun LLP Indianapolis, Indiana ATTORNEYS FOR AMICUS CURIAE THE INSURANCE INSTITUTE OF INDIANA, INC. John C. Trimble Richard

More information

A Consumer Guide. An Explanation of New York s New York s No-Fault Insurance for Motor Vehicles

A Consumer Guide. An Explanation of New York s New York s No-Fault Insurance for Motor Vehicles 79 Wall Street Huntington, NY 11743 800.660.1466 631.425.9775 718.220.0099 631.415.5004 (fax) A Consumer Guide An Explanation of New York s New York s No-Fault Insurance for Motor Vehicles If you have

More information

STATE OF MICHIGAN COURT OF APPEALS

STATE OF MICHIGAN COURT OF APPEALS STATE OF MICHIGAN COURT OF APPEALS JAMES HENDRICK, v Plaintiff-Appellant, STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, UNPUBLISHED May 24, 2007 No. 275318 Montcalm Circuit Court LC No. 06-007975-NI

More information

What to expect when you are injured in a New York accident!

What to expect when you are injured in a New York accident! What to expect when you are injured in a New York accident! An ebook by Stuart DiMartini 1325 Sixth Avenue, 27 th Floor New York, NY 10019 dimartinilaw.com 2012 Law Offices of Stuart DiMartini P a g e

More information

PRODUCT LIABILITY INSTRUCTIONS. Introduction

PRODUCT LIABILITY INSTRUCTIONS. Introduction Introduction The RAJI (CIVIL) 5th Product Liability Instructions refer only to manufacturers and sellers. These instructions should be expanded when appropriate to include others in the business of placing

More information

COURT OF APPEALS OF WISCONSIN PUBLISHED OPINION

COURT OF APPEALS OF WISCONSIN PUBLISHED OPINION COURT OF APPEALS OF WISCONSIN PUBLISHED OPINION 2002 WI App 237 Case No.: 02-0261 Complete Title of Case: KENNETH A. FOLKMAN, SR., DEBRA J. FOLKMAN AND KENNETH A. FOLKMAN, JR., Petition for Review filed.

More information

FILED December 15, 2015 Carla Bender 4 th District Appellate Court, IL

FILED December 15, 2015 Carla Bender 4 th District Appellate Court, IL NOTICE This order was filed under Supreme Court Rule 23 and may not be cited as precedent by any party except in the limited circumstances allowed under Rule 23(e(1. 2015 IL App (4th 150225-U NO. 4-15-0225

More information

PUBLICATION PROVIDED BY: RISSMAN, BARRETT, HURT DONAHUE & McLAIN, P.A.

PUBLICATION PROVIDED BY: RISSMAN, BARRETT, HURT DONAHUE & McLAIN, P.A. PUBLICATION PROVIDED BY: RISSMAN, BARRETT, HURT DONAHUE & McLAIN, P.A. 201 EAST PINE STREET 15 TH FLOOR P.O. BOX 4940 ORLANDO, FLORIDA 32802-4940 TELEPHONE (407) 839-0120 TELECOPIER (407) 841-9726 ORLANDO@RISSMAN.COM

More information

IN THE COURT OF APPEALS OF INDIANA

IN THE COURT OF APPEALS OF INDIANA FOR PUBLICATION ATTORNEY FOR APPELLANT: KIRK A. HORN Mandel Pollack & Horn, P.C. Carmel, Indiana ATTORNEYS FOR APPELLEES: JOHN R. OBENCHAIN BRIAN M. KUBICKI Jones Obenchain, LLP South Bend, Indiana ATTORNEYS

More information

Illinois Official Reports

Illinois Official Reports Illinois Official Reports Appellate Court Robison v. Orthotic & Prosthetic Lab, Inc., 2015 IL App (5th) 140079 Appellate Court Caption RANDY ROBISON, Plaintiff-Appellee, v. ORTHOTIC & PROSTHETIC LAB, INC.,

More information

IN THE COURT OF APPEALS OF TENNESSEE AT JACKSON JUNE 19, 2008 Session

IN THE COURT OF APPEALS OF TENNESSEE AT JACKSON JUNE 19, 2008 Session IN THE COURT OF APPEALS OF TENNESSEE AT JACKSON JUNE 19, 2008 Session GEORGIA-PACIFIC LLC, ET AL. v. SWIFT TRANSPORTATION CORPORATION Direct Appeal from the Chancery Court for Shelby County No. CH-07-1107-2

More information

Executive summary and overview of the national report for Denmark

Executive summary and overview of the national report for Denmark Executive summary and overview of the national report for Denmark Section I Summary of findings There is no special legislation concerning damages for breach of EC or national competition law in Denmark,

More information

Filing # 22009228 Electronically Filed 12/29/2014 03:48:06 PM

Filing # 22009228 Electronically Filed 12/29/2014 03:48:06 PM Filing # 22009228 Electronically Filed 12/29/2014 03:48:06 PM PENELOPE BELVOIR, as Executor de son Tort for the Pending Estate of Robert Belvoir, Deceased, vs. Plaintiff, ROPES COURSES, INC., FB ORLANDO

More information

Construction Defect Action Reform Act

Construction Defect Action Reform Act COLORADO REVISED STATUTES Title 13. Courts and Court Procedure Damages Regulation of Actions and Proceedings Article 20. Actions Part 8. Construction Defect Actions for Property Loss and Damage Construction

More information

IN THE COURT OF APPEALS OF THE STATE OF MISSISSIPPI NO. 2004-CA-01391-COA

IN THE COURT OF APPEALS OF THE STATE OF MISSISSIPPI NO. 2004-CA-01391-COA IN THE COURT OF APPEALS OF THE STATE OF MISSISSIPPI NO. 2004-CA-01391-COA PEGGY HUDSON FISHER APPELLANT v. WILLIAM DEER, GANNETT MS CORP. AND GANNETT RIVER STATES PUBLISHING CORP. D/B/A THE HATTIESBURG

More information

****************************************************** The officially released date that appears near the beginning of each opinion is the date the

****************************************************** The officially released date that appears near the beginning of each opinion is the date the ****************************************************** The officially released date that appears near the beginning of each opinion is the date the opinion will be published in the Connecticut Law Journal

More information

CALIFORNIA TORT FORMS FROM EXPERT LITIGATORS (1st Edition) July 2015 TABLE OF CONTENTS

CALIFORNIA TORT FORMS FROM EXPERT LITIGATORS (1st Edition) July 2015 TABLE OF CONTENTS CALIFORNIA TORT FORMS FROM EXPERT LITIGATORS (1st Edition) July 2015 TABLE OF CONTENTS File Name Book Section Title CH01 Chapter 1 Animals 01-006 1.6 Sample Client Authorization to Release Medical 01-007

More information

2015 IL App (1st) 142304-U. No. 1-14-2304 IN THE APPELLATE COURT OF ILLINOIS FIRST JUDICIAL DISTRICT

2015 IL App (1st) 142304-U. No. 1-14-2304 IN THE APPELLATE COURT OF ILLINOIS FIRST JUDICIAL DISTRICT 2015 IL App (1st 142304-U SECOND DIVISION May 5, 2015 No. 1-14-2304 NOTICE: This order was filed under Supreme Court Rule 23 and may not be cited as precedent by any party except in the limited circumstances

More information

Whose Responsible For Financial Responsibility?

Whose Responsible For Financial Responsibility? Whose Responsible For Financial Responsibility? NC Court Holds Liability Policy for Commercial Vehicle Automatically Provides Minimum of $750,000 of Coverage, Despite Owner Request For Lesser Coverage.

More information

IN THE COURT OF APPEALS OF INDIANA

IN THE COURT OF APPEALS OF INDIANA Pursuant to Ind.Appellate Rule 65(D), this Memorandum Decision shall not be regarded as precedent or cited before any court except for the purpose of establishing the defense of res judicata, collateral

More information

HOLD HARMLESS, INDEMNITY, SUBROGATION AND ADDITIONAL INSURED INSURANCE IN TRANSPORTATION CONTRACTS

HOLD HARMLESS, INDEMNITY, SUBROGATION AND ADDITIONAL INSURED INSURANCE IN TRANSPORTATION CONTRACTS HOLD HARMLESS, INDEMNITY, SUBROGATION AND ADDITIONAL INSURED INSURANCE IN TRANSPORTATION CONTRACTS By James W. Bryan Nexsen Pruet P.L.L.C. Greensboro, North Carolina 336-373-1600 jbryan@nexsenpruet.com

More information

Automobile Negligence Lawsuits

Automobile Negligence Lawsuits SOG/DGL, CH, JB Page 1 of 6 Automobile Negligence Lawsuits Who Is Sued? Driver the driver is the person whose negligence gives rise to the liability. The person suing must prove that the driver negligently

More information

What the Jury Hears in Products Liability Litigation. The View From Both Sides and the Middle

What the Jury Hears in Products Liability Litigation. The View From Both Sides and the Middle What the Jury Hears in Products Liability Litigation The View From Both Sides and the Middle Theresa Zagnoli, Communications Expert and Jury Consultant Susan T. Dwyer, Defense Lawyer Jeffrey A. Lichtman,

More information

UNITED STATES BANKRUPTCY COURT EASTERN DISTRICT OF VIRGINIA Richmond Division

UNITED STATES BANKRUPTCY COURT EASTERN DISTRICT OF VIRGINIA Richmond Division PUBLISHED UNITED STATES BANKRUPTCY COURT EASTERN DISTRICT OF VIRGINIA Richmond Division IN RE: WILLIAM G. DADE ) Case No. 00-32487 ANN E. DADE ) Chapter 7 Debtors. ) ) ) DEBORAH R. JOHNSON ) Adversary

More information

Illinois Supreme Court Requires Plaintiff to Apportion Settlements Among Successive Tortfeasors

Illinois Supreme Court Requires Plaintiff to Apportion Settlements Among Successive Tortfeasors Illinois Supreme Court Requires Plaintiff to Apportion Settlements Among Successive Tortfeasors By: Joseph B. Carini III & Catherine H. Reiter Cole, Grasso, Fencl & Skinner, Ltd. Illinois Courts have long

More information

IN THE SUPREME COURT OF THE STATE OF ILLINOIS

IN THE SUPREME COURT OF THE STATE OF ILLINOIS Docket No. 107472. IN THE SUPREME COURT OF THE STATE OF ILLINOIS ZURICH AMERICAN INSURANCE COMPANY, Appellant, v. KEY CARTAGE, INC., et al. Appellees. Opinion filed October 29, 2009. JUSTICE BURKE delivered

More information

Table of Contents. 1. What should I do when the other driver s insurance company contacts me?... 1

Table of Contents. 1. What should I do when the other driver s insurance company contacts me?... 1 Table of Contents 1. What should I do when the other driver s insurance company contacts me?... 1 2. Who should be paying my medical bills from a car accident injury?... 2 3. What should I do after the

More information

No. 04-3753 UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT. 427 F.3d 1048; 2005 U.S. App. LEXIS 22999

No. 04-3753 UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT. 427 F.3d 1048; 2005 U.S. App. LEXIS 22999 RONALD WARRUM, in his capacity as Personal Representative of the Estate of JOSEPH F. SAYYAH, Deceased, Plaintiff-Appellant, v. UNITED STATES OF AMERICA, Defendant-Appellee. No. 04-3753 UNITED STATES COURT

More information

OAKLAND UNIVERSITY SCHOOL OF BUSINESS ADMINISTRATION PARALEGAL PROGRAM SYLLABUS AUTO ACCIDENT LAW & CASES- CEPL 25780

OAKLAND UNIVERSITY SCHOOL OF BUSINESS ADMINISTRATION PARALEGAL PROGRAM SYLLABUS AUTO ACCIDENT LAW & CASES- CEPL 25780 OAKLAND UNIVERSITY SCHOOL OF BUSINESS ADMINISTRATION PARALEGAL PROGRAM SYLLABUS AUTO ACCIDENT LAW & CASES- CEPL 25780 FACULTY: TEXT: AVAILABILITY: SCHEDULE: COURSE DESCRIPTION OBJECTIVES/ OUTCOMES: CREDIT

More information

In the Indiana Supreme Court

In the Indiana Supreme Court ATTORNEYS FOR APPELLANT STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY Richard M. Davis Jack A. Kramer Kevin G. Kerr Valparaiso, IN ATTORNEYS FOR APPELLEE Timothy F. Kelly Beth L. Brown Crown Point, IN

More information

Supreme Court of Missouri en banc

Supreme Court of Missouri en banc Supreme Court of Missouri en banc MARK KARSCIG, Appellant, v. No. SC90080 JENNIFER M. MCCONVILLE, Appellant, and AMERICAN FAMILY MUTUAL INSURANCE COMPANY, Respondent. APPEAL FROM THE CIRCUIT COURT OF PETTIS

More information

DEVELOPMENTS IN THE EVIDENTIARY RULES APPLICABLE TO PRODUCT LIABILITY CLAIMS: OTHER SIMILAR INCIDENTS

DEVELOPMENTS IN THE EVIDENTIARY RULES APPLICABLE TO PRODUCT LIABILITY CLAIMS: OTHER SIMILAR INCIDENTS DEVELOPMENTS IN THE EVIDENTIARY RULES APPLICABLE TO PRODUCT LIABILITY CLAIMS: OTHER SIMILAR INCIDENTS By Lee Wallace The Wallace Law Firm, L.L.C. 2170 Defoor Hills Rd. Atlanta, Georgia 30318 404-814-0465

More information