Indiana Injury Lawyer Blog

Indiana Supreme Court Holds Psychologist Allowed to Testify as to Cause of Brain Injury in Elkhart County, Indiana Truck Accident Case

Wed, 01 Feb 2012 16:09:55 -0600

In Bennett v. Richmond (No. 20S03-1105-CV-293), the Indiana Supreme Court held the trial court was correct in allowing a psychologist to testify that the plaintiff in a Elkhart County, Indiana truck accident case had a brain injury that was caused by the crash. The Court explains, in Bennett, the plaintiff underwent a neuropsychological evaluation with Dr. Sheridan McCabe, a psychologist. Plaintiff had been suffering from headaches and memory loss sinice the crash, but had not been diagnosed with a brain injury.

Dr. McCabe reviewed plaintiff's medical records and deposition, interviewed plaintiff and his wife, and administered a "battery" of neuropsychological tests to plaintiff. After which, Dr. McCabe testified that plaintiff had "experienced a traumatic brain injury in the accident."

In reaching its holding that it was appropriate for Dr. McCabe to testify plaintiff had suffered a traumatic brain injury caused by the crash, the Indiana Supreme Court reasoned that psychologists and neuropsychologists may provide such testimony if they are qualified under Indiana Evidence Rule 702 (qualified based on certain knowledge, skill, experience, training, or education).

Did You Know?

Thu, 19 Jan 2012 08:57:00 -0600

Indiana Trial Rule 75 provides that the county where a motor vehicle collision or train accident occurs is a county of preferred venue. However, Indiana Trial Rule 75 does not provide for the location of an injury for other personal injury or malpractice claims to serve as an independent basis for preferred venue.

Attorney Paul Kruse Admitted to Million Dollar Advocates Forum

Tue, 03 Jan 2012 07:53:55 -0600

Parr Richey attorney Paul Kruse was recently admitted as a member of the Million Dollar Advocates Forum. Membership to this group is limited to attorneys who have won million and multi-million dollar verdicts, awards or settlement. Congratulations Paul!

Tony Patterson Inducted as a Fellow of the American College of Trial Lawyers

Sun, 25 Dec 2011 07:27:31 -0600

Parr Richey attorney Tony Patterson was recently inducted as a Fellow of the American College of Trial Lawyers. Fellowship in the College is by invitation only to experienced trial lawyers in practice more than 15 years and is selected by College Members. Membership is limited to no more than one percent of the bar in any state.

New Indiana Case on Negligent Infliction of Emotional Distress

Fri, 16 Dec 2011 07:53:16 -0600

In a recent opinion (Spangler v. Bechtel, cause number 49S05-1012-CV-703), the Indiana Supreme Court ruled that the parents’ claim for damages for negligent infliction of emotional distress from experiencing the stillbirth of their child was not barred by the Indiana Child Wrongful Death Act or the Indiana Medical Malpractice Act ("MMA"). After witnessing the death of their full-term child in utero during labor, the parents filed suit against the hospital (where child was delivered), nurse-midwife (provided pre-natal care and managed the delivery of the child at the hospital), and alleged employer of the nurse-midwife.

PPI Rating Admissible at Personal Injury Trial

Wed, 14 Dec 2011 07:47:42 -0600

In Carter, the Indiana Court of Appeals upheld a damages award, ruling that permanent partial impairment (PPI) normally used in worker's compensation cases is acceptable medical evidence for quantifying the level of a person's impairment in a civil injury action. The court concluded the admission of the PPI rating was relevant and aided the jury to determine whether and to what extent the plaintiff was permanently injured. Estate of Carter v. Szymczak, 951 N.E.2d 1 (Ind. Ct. App. 2011).

State of Indiana to Release $5 Million to State Fair Stage Collapse Victims

Mon, 12 Dec 2011 09:07:57 -0600

Indiana Attorney General Greg Zoeller announced that the State of Indiana would begin distributing its settlement money to victims and family members of victims from the stage collapse at the Indiana State Fair. It was announced on Tuesday, December 6, 2011, how the money would be distributed.

The fund for the occurrence is capped at $5 million under Indiana law. Payouts to victims range from $109 to $503,042. In order to decide how much each victim is to be paid, lawyers and other experts met in order to develop a plan to classify each injured person based on the injuries they sustained. Families of victims that were killed will receive $300,000 and surviving victims with physical injuries will get compensation for 65 percent of their medical bills that have been incurred through November 15.

Future medical expenses and psychological injuries are not covered by the settlement plan. For this and other reasons Tony Patterson and Paul Kruse - attorneys for several of the victims - are writing letters to Indiana legislators requesting that they pass legislation to increase the payout to the stage collapse victims.

Intentional or Reckless Actions Causing Injury During Sporting Events

Sun, 04 Dec 2011 16:18:03 -0600

The Indiana Supreme Court addressed conflicting decisions in cases involving sports activity injuries, finding that in such cases, reasonableness may be found by the court as a matter of law. If the defendant's conduct is within the range of ordinary behavior of participants in the sport, the conduct may be found by the court to be reasonable as a matter of law. Intentional or reckless infliction of injury, however, may be found to be a breach of a duty. Pfenning v. Lineman, et al., 947 N.E.2d 392 (Ind. 2011).

Accident Vehicle Photos are Admissible

Tue, 01 Nov 2011 13:54:53 -0600

In Flores, plaintiff sought to exclude a photograph of plaintiff's car that showed little or no damage to the vehicle. The Indiana Court of Appeals agreed with the trial court's finding that the damage, or lack thereof, to plaintiff's "vehicle had some tendency to prove or disprove facts relating to his personal injury claims," recognizing "the common sense relationship between property damage and personal injury." (There was no expert testimony presented to suggest that no such tendency existed in this case.) Flores v. Gutierrez, 951 N.E.2d 632 (Ind. Ct. App. 2011).

Indystar.com Reporting Tragic Deaths in Semi/Minivan Collision in Bristol, Indiana

Fri, 28 Oct 2011 08:21:20 -0600

Indystar.com is reporting at least 7 people are dead in a tragic collision between a semi and minivan occurring along the Indiana Toll Road near Bristol, Indiana. Early reports indicate the minivan may have been stopped or slowing after hitting a deer when it was rear-ended by the semi truck.

Please click here to read the full story at Indystar.com.

Indiana Court of Appeals Recognizes Common Sense Relationship Between Property Damage and Personal Injury

Fri, 28 Oct 2011 08:14:25 -0600

In Flores v. Gutierrez, 951 N.E.2d 632 (Ind. Ct. App. 2011), plaintiff sued defendant driver following a rear-end car collision occurring in Hammond, Indiana, and he obtained a default judgment on the issue of liability. Prior to the jury trial on damages, plaintiff filed a motion in limine seeking to exclude one of defendant’s exhibits which was a photograph of plaintiff’s car showing little to no damage to the vehicle. The trial court denied plaintiff’s motion and admitted the photograph at trial. On appeal, the Indiana Court of Appeals decided as a matter of first impression if the photograph displaying the property damage was properly admitted in this personal injury case. The Indiana Court of Appeals upheld the trial court’s ruling recognizing “the common sense relationship between property damage and personal injury” and holding the trial court was within its discretion to admit the photographs.

St. Vincent Hospital-Indianapolis recognizes hospital lien letter should not have been sent to Indiana State Fair stage collapse victim

Fri, 30 Sep 2011 16:52:59 -0600

In a story by WTHR.com (news channel 13), Parr Richey Obremskey Frandsen & Patterson attorney Tony Patterson explains that his 17-year-old client who was seriously injured in the Sugarland stage collapse at the Indiana State Fair received a notice of a hospital lien being filed by her medical provider, St. Vincent Hospital-Indianapolis, for $178,000 less than 1 month after she received medical treatment at St. Vincent during a 12-day stay.

St. Vincent Chief Financial Officer Marvin White recognized the need to send a request for information letter before the collection letter. Proof of insurance was on file indicating the bills will be paid regardless, but St. Vincent is clearly eager to stake their claim as to any third party settlements the stage collapse victims are to receive.

Please click here to read the full article at WTHR.com.

Parr Richey Obremskey Frandsen & Patterson Attorneys Participate in ITLA's 5th Annual "Hole in One for Justice"

Wed, 21 Sep 2011 16:46:58 -0600

Parr Richey Obremskey Frandsen & Patterson attorneys Tony Patterson, Paul Kruse, Pete Obremskey and John McLaughlin participated in the Indiana Trial Lawyer's Association (ITLA) 5th Hole in One for Justice golf outing at Sagamore in Noblesville, Indiana on September 20, 2011. A great time was had by all and a great thanks to ITLA and all of the sponsors.

Attorney Kent Frandsen's golf achievements featured in USGA article

Wed, 14 Sep 2011 07:19:07 -0600

Parr Richey Obremskey Frandsen & Patterson attorney Kent Frandsen recently advanced to the second round of the 2011 USGA Senior Amateur golf championship. Prior to commencing his second round play, Michael Trostel/USGA, featured a great article on Mr. Frandsen and his various golf achievements throughout the years. Please click here to read the full article at the USGA website. (Image attributed to Steven Gibbons/USGA)

Indianapolis Man Dies in Crash, Traveling Wrong-Way on I-70

Sat, 03 Sep 2011 07:13:20 -0600

Jeremy M Deboy, 22 of Indianapolis has died, the indystar.com is reporting. Deboy was heading eastbound on I-70, near the Ronald Reagan Parkway, but in the westbound lanes, when he collided head-on with a pickup. Early reports indicated that the driver of the pickup, Roger D. Overstreet, 54, of Cloverdale was not seriously injured. Deboy was reported dead at the scene.

Please click here to read the full article at indystar.com.