Question: Are “quantum meruit” and “unjust enrichment” the same legal theory in the State of Indiana? Answer: No. Indiana case law often uses the terms “quantum meruit” and “unjust enric...
Can Hospitals Have Liability For The Acts Of Independent Contractor Physicians That They Employ?
Question: Can Hospitals Have Liability For The Acts Of Independent Contractor Physicians That They Employ? Answer: Yes. In the area of hospital liability, there has been an ongoing movement by courts ...
What does the tolling of the statute of limitations mean?
Questions: What does the tolling of the statute of limitations mean? Answer: It allows for an extension for filing a claim in certain circumstances. Indiana provides that an action for injury to perso...
Are you entitled to diminution in value of your vehicle involved in a collision?
Question: Are you entitled to diminution in value of your vehicle involved in a collision? Answer: Maybe. Under common law tort doctrines, the measure of damages recoverable from a tortfeasor is gener...
Does a landlord have liability when their tenant’s dog bites someone?
Question: Does a landlord have liability when their tenant’s dog bites someone? Answer: Maybe. To prevail on a claim of negligence plaintiffs must show: (1) duty owed to plaintiff by defendant; (2) ...
What is the “Bystander Rule”?
Question: What is the “Bystander Rule”? Answer: Standard for negligent infliction of emotional distress. To recover for negligent infliction of emotional distress, a plaintiff must sustain a direc...
What is the amount of a worker’s compensation lien relating to third party injury case?
Question: What is the amount of a worker’s compensation lien relating to third party injury case? Answer: In order to establish its lien, the insurance carrier must prove a causal nexus between the ...
Do Attorneys Need To Watch What They Say To Opposing Counsel and their clients?
Question: Do Attorneys Need To Watch What They Say To Opposing Counsel and their clients? Answer: Absolutely, or be subjected to discipline! An attorney sent a letter to opposing counsel for the child...
Can A Juror Be Replaced Once Deliberations Have Begun?
Question: Can A Juror Be Replaced Once Deliberations Have Begun? Answer: Yes, But Only In Extreme Cases. Trial Rule 47 provides: “Alternate jurors … shall replace jurors who, prior to the time the...
Can parents be strictly liable for actions of their child?
Question: Can parents be strictly liable for actions of their child? Answer: Yes. As a general rule, the common law does not hold a parent liable for the tortious acts of their minor children. However...