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Personal Injury

Appeals court sends insurance dispute over fatal car accident back to Tipton Circuit Court

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The Indiana Court of Appeals is sending an insurance dispute back to Tipton Circuit Court to figure out how the mother of a teen killed in a car accident should receive more money. Brittney Best had filed a claim against Travelers Insurance and AAA Insurance after her 17-year-old son, Jaxson, died in a 2023 accident. Best and the boy’s father…

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Appeals court decides DoorDash bears some responsibility for driver behavior

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The meal delivery company DoorDash owes a general duty of protection to other drivers against the risks of a business model that can encourage distracted or dangerous driving, the Indiana Court of Appeals has decided. The court said in an opinion filed Friday that it had reversed a lower court decision in a case in which a DoorDash driver ran…

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OSF can’t undo $41M medmal verdict for stroke victim

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A state appeals panel has upheld a $41 million medical malpractice verdict stemming from a stroke. Craig Pierce, then 64, suffered a cerebral artery stroke in early 2016. According to court records, OSF St. Francis Hospital admitted Pierce in February with pneumonia and sepsis. During his stay, Pierce suffered an acute kidney injury following a CT scan, which led to…

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FL woman’s baby formula lawsuit doesn’t belong in Cook County, appeals court says

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A Florida woman whose premature newborn son died in Florida after contracting an illness allegedly caused by consuming cow’s milk-based infant formula, administered by medical staff in a Florida hospital can’t use Cook County’s famously plaintiff-friendly courts to sue Abbott Labs, the formula’s Lake County-based manufacturer, a state appeals panel has ruled. In the decision, the appellate justices said they…

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Japan Brake can’t stop Madison County asbestos lawsuit: Appeals court

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A Japanese automotive brakes maker can’t escape becoming a target for asbestos lawsuits in Illinois courts, a state appeals panel has ruled. On Sept. 8, a three-justice panel of the Illinois Fifth District Appellate Court sided against manufacturer Japan Brake Industrial Company in its bid to exit a lawsuit brought by the family of plaintiff Donald R. Taylor over claims…

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Auto parts manufacturer must face suit over worker’s son’s asbestos death

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A Japanese brake manufacturer must face an Illinois lawsuit alleging that asbestos in its products caused a dealership worker’s son to develop fatal mesothelioma, an Illinois appeals court ruled. In Taylor v. Japan Brake Industrial Co. Ltd., the Appellate Court of Illinois, Fifth District, on Tuesday affirmed a lower court ruling that Illinois courts have specific jurisdiction over Japan Brake,…

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Suit: Medical errors led to woman’s death after hip surgery

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The estate of a Kanawha County kindergarten teacher has sued CAMC, several physicians, nurse anesthetists and health care staffing companies, alleging an unrecognized internal hemorrhage after hip surgery caused her death. Franklin Harman, administrator of the estate of his mother, Cynthia Ellen Harman, filed the medical malpractice and wrongful death lawsuit August 25 in Kanawha Circuit Court. In addition to…

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Federal appeals court weighs in on prisoner lawsuit over treatment during rides to and from hospital

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The 7th Circuit Court of Appeals affirmed and vacated in part a district court ruling granting qualified immunity to state correction officers accused of violating an inmate’s Eighth Amendment rights against cruel and unusual punishment during some transport rides. Appeals Court Judge Doris Pryor stated in vacating part of the lower court ruling that any reasonable jury could conclude that…

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Abbott Labs to pay $670M to settle 2K baby formula NEC suits

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Abbott Laboratories has agreed to pay $670 million to end 2,000 lawsuits brought by parents who claim their children were harmed or died after drinking Abbott’s Similac-brand baby formula. The settlement, announced Aug. 20, will include a Missouri case in which a St. Louis jury had ordered Abbott to pay one family $495 million. In announcing the settlement, Abbott appeared…

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