A divided Indiana Court of Appeals has permitted a man to prosecute his complaint against an Indianapolis Metropolitan Police Department employee who crashed into his vehicle. The appellate majority concluded the extreme remedy of dismissal for failure to prosecute was not warranted in the case. While driving onto Interstate 65 in 2016, Indianapolis Metropolitan Police Department employee Brandon Cooper collided…
A collision between a motorcycle and truck in Highland left a motorcyclist lying in the intersection of Kennedy Avenue and Duluth Street with severe injuries Thursday night, police said. At 6:34 p.m. Highland police, Highland firefighters and EMS responded to the intersection, according to the Highland Police Department. When they arrived, officers saw the driver of the BMW motorcycle in…
The driver of an emergency patrol vehicle is suing two drivers for allegedly causing a multi-vehicle collision on I-55. Robert Francis filed the complaint on Jan. 23 in St. Clair County Circuit Court against Willie J. Tumbs and Aimee Ray Dearsley. According to the complaint, Francis claims that on April 20, 2019 he was operating a State of Illinois Emergency…
A St. Clair County jury awarded a motorist $3,000 after the plaintiff had requested $6 million in a trial involving a Fairview Heights collision. St. Clair County Circuit Judge Heinz Rudolf presided over the two day trial, which ended Jan. 22 when jurors entered a verdict in favor of plaintiff Elizabeth Waugh. She was awarded $3,000. Waugh had been represented…
Johnson & Johnson subsidiary Ethicon Inc. did not persuade the 7th Circuit Court of Appeals to reverse a multi-million-dollar verdict for a northern Indiana woman who was injured by a transvaginal mesh implant produced by the company. A few years after having surgery to implant the mesh device known as Prolift, Barbara Kaiser began experiencing severe pelvic pain, bladder spasms…
A woman who sued an insurance company after she and her child were injured in a multi-vehicle crash showed a meritorious defense and misconduct of an adverse party in the case, the Indiana Court of Appeals ruled Wednesday. The appeals court sent the case back to the trial court for full consideration of her claims. After Robin Dunn and her…
Heartland Women’s Healthcare is at the center of a lawsuit following a procedure that allegedly led to a woman’s injuries. Amy and Nicholas Giacomo filed suit Dec. 16 in St. Clair County Circuit Court against the Heartland Women’s Healthcare and Dr. Debra Carson. The lawsuit names Dr. Joel Kwan Barrientos and Dr. Jeffrey Larson as respondents in discovery after they…
A worker injured following an accident on a tug on the Mississippi River has filed suit against his employer under federal maritime statutes. Marty Byrd filed suit Dec. 31 against National Repair and Maintenance, which repairs barges and towboats, following the accident in February last year at the shipyard in Hartford. Byrd states in the complaint that he was struck…
A woman is suing McDonald’s after she allegedly slipped and fell on liquid left on the floor while dining at the restaurant. Manuela Stayton filed the lawsuit on Dec. 17 in St. Clair County Circuit Court against the McDonalds Corporation, Garjo Inc., Garjo Properties LLC and individual defendants Gary L. Peck and Joyce Peck for an alleged incident that took…
A federal judge has vacated a $3 million jury award against Cook Medical, saying a Georgia woman who sued the Bloomington-based device maker “did not have overwhelming evidence” to show the company’s implanted blood-clot filter was defective or caused her injuries. U.S. District Judge Richard L. Young in Indianapolis handed down his decision Monday and ordered a new trial in…