Latest news on personal injury and workers’ compensation.

RV worker paralyzed on job can’t pursue product liability claim

An installer of “slide-out” box units on recreational vehicles who was partially paralyzed after one of the units fell from an RV and onto his back cannot sue under the Indiana Product Liability Act, the Indiana Court of Appeals held Tuesday. The appellate court affirmed an Elkhart Superior Court ruling in Matthew Davis v. Lippert Components Manufacturing, Inc., 20A03-1710-CT-2435. The…

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Illinois bill would create state-sponsored insurance company

An Illinois bill that would create a state-sponsored insurance company to provide workers compensation was placed on the calendar for a second reading last Thursday. H.B. 4595, introduced by state Rep. Laura Fine, D-Glenview, would create the Illinois Employers Mutual Insurance Co. as a nonprofit that issues insurance for workers comp and occupational disease, according to the bill’s latest text….

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Chicago appeals court yanks $14 million award v. ISMIE, says insurer deserved 12 jurors, not six

A Chicago appeals panel has pulled a $14.4 million jury award from the parents of a toddler, who died through medical malpractice, saying the obstetricians’ insurer – Illinois’ No. 1 malpractice provider – deserved 12 rather than six jurors, in a trial over accusations the insurer allegedly misled the doctors into going to trial in the underlying malpractice suit, instead…

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Post-trial settlement reached following $3.75M verdict in medical malpractice suit

After a St. Clair County jury awarded a mother and her daughter $3.75 million following the third trial attempt in a medical malpractice suit alleging hypoxia and fetal depression during birth, the parties announced that they had reached a post-trial settlement. Associate Judge Chris Kolker entered an order March 1 vacating the Dec. 12, 2017, jury award after the parties…

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Magistrate recommends dismissal of woman’s dog-mauling suit

Despite “horrendous injuries” incurred as a result of “a grievous lack of discretion” by Indianapolis Metropolitan Police Department officers, a district court magistrate recommends an Indianapolis woman’s federal claim against IMPD and the city of Indianapolis be dismissed because she did not state a legitimate constitutional claim. In Mara Mancini, et al v. City of Indianapolis, et al, 1:16-cv-02048, U.S….

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COA reinstates personal injury suit against company, driver

A negligence case against an Indianapolis heating and air conditioning company will be reinstated after the Indiana Court of Appeals found that summary judgment in favor of the company was inappropriate. In Thomas Hudgins and Sheila Hudgins v. Brian Bemish, Ideal Heating Air Conditioning and Refrigeration, Inc., 49A02-1505-CT-384, Brian Bemish was formerly an employee of Ideal Heating Air Conditioning and…

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Food company Kerry faces OSHA fine for worker injuries at Melrose Park plant

Irish food products company Kerry Inc. has been cited by federal safety inspectors after two workers at its Chicago-area plant were injured on the job because the company allegedly failed to enforce safety procedures. One worker’s hand was amputated while clearing out a bread crumb conveyor at the plant in Melrose Park, the Occupational Safety and Health Administration said in…

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COA holds that volunteer work was incidental to man’s employment

A general contractor’s volunteer work was incidental to his professional employment, so the injuries he sustained during the volunteer work must be covered under the Indiana Worker’s Compensation Act. That was the Indiana Court of Appeals’ decision in John C. Morris v. Custom Kitchen & Baths, 93A02-1601-EX-179. John Morris obtained his general contractor’s license in 2011 and formed a sole…

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