Indiana Injury And Family Lawyer Blog

With over 350 million MySpace and Facebook users, it is important to understand that there are criminals in these virtual cities. So, we all must protect ourselves. Here are some fast facts.

• When you invite others such as friends of friends or everyone to participate in your wall, messages, invitations, photos and any other open information may allow access to private information for criminals. Limit your social networking profiles to friends,

• Hackers can gain unauthorized access to a site's underlying coding which may breach the security in the platform. In doing so, your security may be compromised.

• Phishing, malware, and other types of cyber attacks can occur through MySpace and Facebook. Hackers have easier accessibility to your computer through social networking sites when compared to firewalls on computers.

• Facebook's third-party application programming interface (API) may allow for simple theft of private information such as address, picture and interests. Now, consider your social networking profile your home. Would you invite a stranger into your house, particularly one whose identity is truly unknown?

• Know that it can be simple for criminals to set up fake profiles. Certainly, Facebook and MySpace use tactics to capture perpetrators and block them from using the site, but this may not occur for quite some time after the fake profile is uploaded.

• Recently, Secure Business Intelligence author Nick Barron reported that recent errors have temporarily displayed private chat sessions to the public, and it is nearly impossible to delete this type of data from a Facebook account.

Tips for Security

1) Do not post your addresses, schedules and routines that would make you an easy target for perpetrators.

2) Know that the Internet is open to the public. When you type your name into an internet browser on the search engines, what do you find? You may be surprised to know how much of your personal information can be found online. Even if you request this information be removed, there is a risk that it has been indexed by the search engines and will still appear to the public.

3) Only invite people to be your friends if you know them. Strangers may attempt to become your friend which will provide them with private information about you.

4) Maintain anti-virus software on your computer. It’s easier for hackers to invade your privacy and tamper with your computer if they can reach you from social networking site.

If you or a loved one has been affected by an Internet security issue, contact Burton Padove, Indiana lawyer, for a free consultation at 219-836-2200.

Asbestos has been used for decades by many individuals in select industries, including: construction workers, cement workers, plumbers, pipe fitters, insulators, furnace workers, roofers, power plant workers, oil refinery workers, miners, processing plant workers, manufacturing plant workers, railroad workers, shipyard and submarine veterans of war.  Workers were not aware that asbestos exposure put them and their families at risk for contracting mesothelioma, a deadly cancer, until the risk turned into a reality for thousands.

Mesothelioma is suspected to develop in 3,000 people annually after it is undetectable for up to 50 years after contact with asbestos and cancer. Initial symptoms may include: weight loss, fever, night sweats, cough, breathing difficulty, chest pain, and ultimately swelling of the abdomen, bowel obstruction, blood clotting abnormalities, anemia, and a lowered red blood cell count. Mesothelioma can affect the abdominal, lung and/or heart linings. Many die within a year following diagnosis.

Recently, twenty six defendants settled a mesothelioma case for an undisclosed amount. However, a settlement offer by Union Carbide was rejected by the plaintiff. Instead, the plaintiff and associated family members went to trial against Union Carbide.

The primary plaintiff a man who was son of a construction and maintenance worker at Louisville Gas & Electric, located near powerhouses and associated with Union Carbide. His father also hung drywall containing asbestos fibers. The man claimed that he contracted cancer from his father by bringing asbestos dust home on his clothes. He also stated that he slept in the room where the laundry was held as a child, played in the dirty laundry piles and sometimes accompanied his father at work.  Consequently, the reason for his mesothelioma cancer.  The only known cause for mesothelioma is asbestos.

The results of the trial prevailed for Union Carbide since jurors unable to definitely conclude that Union Carbide should be responsible for plaintiff financial compensation based on legal premises. Typically, mesothelioma victims settle out of court to ensure that they receive compensation.

Mesothelioma Lawsuits

On a positive note, the law allows for mesothelioma cases to be fast tracked in court since the cancer is not usually detected until mid late stage when death is eminent. There are only a select number of personal injury attorneys who handle mesothelioma lawsuits.

If you or a loved one has cancer due to asbestos, contact Burton Padove for a free consultation at 219-836-2200.

SENATE BILL No. 85 has passed as of July 1^st, 2010 which now prohibits a person from disclaiming property interests if the person is delinquent in child support payments. As of July 1, 2010, a disclaimer of an interest in property is barred if the person is delinquent in child support payments. Lawmakers believe this addition to child support laws will increase collections and possibly federal IV-D funding which is based on total child support dollars collected by the state.

Indiana Enforcement Action for Child Support Delinquency

This new addition is only one of the many ways that Indiana enforces child support laws. According to Indiana law, enforcement action must take place when a person pays less than the awarded amount or fails to pay child support, including:

• Child Support Division Reminders: Such reminders may be in the form of telephone inquires or letters which may include a description of the risk for contempt proceedings, incarceration, regular compliance reviews, and establishment of an Income Withholding Order.

• Contempt of Court: The intentional violation of an order for support may lead to the court’s determination that the person is in contempt of court. If so, the Court may commit the person to jail for a maximum of 180 days.
• Income Withholding Orders: As required by Indiana law, the Child Support Division will obtain an Income Withholding Order to withhold child support payments from the delinquent person’s wages or other income. Failure to comply with providing accurate employment and address information is punishable and qualifies for contempt, subjecting the person to incarceration.
• Tax Intercept Program: The Tax Intercept Program allows authorities to intercept of federal and state income tax refunds and lottery winnings of the delinquent party.  
• Professional and Driver's License Suspension: Under Indiana Code 31-25-4-32, whenever the Indiana Child Support Bureau finds that a party is delinquent in child support payments by $2,000.00 or 3 months behind in payments, a notice is issued which informs the party that they must pay back payments in full, make an arrangement with the Indiana Child Support Bureau, adhere to an Income Withholding Order or request a hearing within 20 days. If the delinquent party fails to comply, the Indiana Child Support Bureau may suspend their driver’s license, professional license, hunting, fishing, and trapping licenses.  The Indiana Child Support Bureau oversees the management of these activities.
• Motor Vehicle Liens, Liens and Judgment: Under Indiana Code 31-25-4-30, the Indiana Child Support Bureau may issue a motor vehicle lien which restricts the party’s ability to buy and sell vehicles by enforcing a lien until child support payments are made.
• Criminal Charges: All civil remedies available will be enforced, but criminal charges may be filed if the issue is not resolved. Indiana Code 35-46-1-5 allows for the classification of a class D felony when there is intentional failure to financially support a dependent or overdue amounts is in excess of $15,000. A Class D Felony is punishable and/or a fine of up to $10,000.

If you are faced with a Indiana child support dilemma, call Burton Padove for a free consultation at 219-836-2200.

In Indiana, laws already restrict the sale of methamphetamine and related over-the-counter drugs such as select cold medicines which contain meth. Today, Indiana lawmakers are taking meth restrictions to the next level with the introduction of a proposal that would not allow pharmacies to sell pseudoephedrine without a prescription from a physician. Indiana lawmakers believe this proposal will curb meth use by limiting the ability for meth makers and users to obtain this harmful ingredient.

And rightfully so! Over 10 million Americans have tried meth and 1.4 million are regular users. Habitual methamphetamine use is linked to elevated risks for mood disturbances, violent behavior, infectious diseases such as HIV/AIDS and Hepatitis, crime, unemployment, as well as child abuse and neglect. So, any laws that would limit the availability of meth are highly desirable to lawmakers in Indiana and the public. The proposed Indiana law can have a positive economic impact on the state. Currently, the economic cost of methamphetamine use nationwide is $23.4 billion, according to the RAND Corp.

This summer, Indiana legislators will examine current regulations to determine if the proposal will fit in with regulatory criteria. Indiana is one of the more progressive states interested in curbing the economic burden associated with meth use. Also, The National Institutes of Health's National Institute on Drug Abuse has recently granted a request for a $1.86 million fund to be used by the UCLA School of Dentistry for the study of oral health consequences associated with methamphetamine use. This is because a condition known as meth mouth is often evident in meth users who have used meth for only a short period of time.  In this way, dentists may provide a vehicle for the early detection of meth use to prevent more costly side effects associated with long term use reaching the general public.

Vigo County in Indiana has led the cause for stronger pseudoephedrine laws. Activists in this county have requested that pharmacies voluntarily refrain from selling the related medications without a prescription by a physician.

If you are interested in learning more about Indiana law, contact Burton Padove for a free consultation at 219-836-2200.

Sixty two dietary supplement products have been removed from the nationwide and international market following an investigation uncovering that the supplements contain steroid or steroid-like substances that were not approved by the FDA. The recalling firm is Bodybuilding.Com, Meridian, ID. The recall began in November 2009 and is still ongoing, including:

• D-DROL capsules, D-Drol Complex 52.5 mg,
• Bergamottin 25 mg
• Liver Support Complex 300 mg, 60-count bottles, UPC 871938009560.
• DIENE DRONE capsules50 mg
• Enhancement Complex: Milk Thistle 100 mg,
• Piperine 5 mg
• Luteolin 4 mg, 60-count bottle, UPC 893461001194.
• Liquid drone UTT anabolic suspension, 12.5 mg, 60 mL bottle, UPC 893461001279.
• HYPERDROL X2 capsules,50 mg
• X2 Support Matrix 260 mg, 120-count bottle, UPC 791851111266.
• MASTAVOL capsules, 10 mg, 90-count bottles, UPC 649241879732.
• REVAMP capsules, 30 mg, 10 mg, 90-count bottles, UPC 649241873501.
• ULTRA MASS STACK capsules, 40 mg, 10 mg, 90-count bottles, UPC 649241870913.
• ULTRA RIPPED STACK capsules, 30 mg, 10 mg, 90-count bottles, UPC 649241870906.
• Finadex capsules, Finadex Proprietary Blend 695 mg, 90-count bottle.
• STRAIGHT DROL capsules, 10 mg, 60-count bottles.
• STRAIGHT PHLEXED capsules, 10 mg, 60-count bottles.
• TESTRA FLEX capsules, 25 mg, 90-count metal cans, UPC 689076771733.
• METHYLDROSTANOLONE tablets, 10 mg, 3 x 10-count blister packs in a box, UPC 094922593658.
• EPI-TREN capsules, 30 mg, 10 mg, 90-count bottles.
• Magna Drol capsules, 30 mg, 10 mg, 90-count bottles.
• Epivol capsules, 30 mg, (10 mg, 90-count bottles.
• Pheravol-V capsules, 10 mg, 90-count bottles.
• M-DROL capsules, 10 mg, 90-count bottles, UPC 891192002015.
• P-PLEX capsules, 10 mg, 90-count bottles, UPC 891192002046.
• X-TREN capsules, 30 mg, 90-count bottles, UPC 891192002091.
• EPIO-PLEX capsules, 10 mg, 10 mg,
• Milk Thistle 70 mg, AAKG 350 mg, Uva Ursi 125 mg, 90-count bottles.
• FINABOLIC 50 capsules, 50 mg, 90-count bottles.
• REVENGE capsules, 15 mg, 10 mg, 40 mg, 60-count bottles.
• MethAnstane capsules, Proprietary Blend: 62.5 mg, 60-count bottles, UPC 895524000793.
• Susto-Test Depot capsules, 100 mg75 mg, 155 mg, 75 mg, Magnesium 100 mg, Zinc 10 mg, Bioperine 10 mg, 90-count bottle.
• ON CYCLE II HARDCORE capsules, 80% Milk Thistle Extract 100 mg, 25 mg, Lecithin (LPC) 20 mg, 10 mg, 30-count bottle, UPC 876436000637.
• SUS500 softgels, 60-count bottles.
• TREN-250 softgels, 60-count bottles.
• T-ROID capsules, 30 mg, 90-count bottles, Hardcore Formulations.
• 1 and 4 AD BOLD 200 capsules, 200 mg, 60-count bottles, UPC 854503001145.
• 17a PheraFLEX capsules, (15 mg, 90-count bottles, UPC 854503001176.
• DYMETHAZINE capsules, 15 mg, 60-count box, UPC 854503001206.
• 2a,17a Methadrol capsules, 10 mg, 90-count bottles, UPC 854503001152.
• BROMODROL tablets, Bromodrol Growth Complex 531 mg, 60-count foil packed tablets in a box, UPC 675941002507.
• GROW TABS capsules, 582 mg, Proprietary Testopen Blend 250 mg, Bergamottin 50 mg, Bupleurum 50 mg, Hoelen 50 mg, 60-count foil packed capsules in a box, UPC 675941002521.
• MASS TABS capsules, Proprietary Mass Tabs Blend 87,000 mcg, 30-count bottles, UPC 675941001494.
• OXODROL PRO tablets, 10 mg, 60-count foil packed tablets in a box, IDS.
• RIPPED TABS TR capsules, 300 mg; Energy XT Proprietary Blend, 257 mg; 60-count bottle, UPC 675941001623.
• Massdrol capsules, 10 mg, 60-count bottles.
• Phera-Mass capsules, 10 mg, 60-count bottles.
• Trenadrol capsules, 30 mg, 60-count bottles.
• MONSTER CAPS capsules, Milk Thistle 150 mg, Proprietary Blend 60 mg, 60-count bottles, UPC 689076956505.
• Spawn capsules, 30 mg, 8 mg, 90-count bottles, Myogenix Products.
• D-STiANOZOL tablets, 10mg, 60-count bottles,  UPC 8272386000284.
• H-DROL tablets, 25 mg, 60-count bottle, UPC 8272386000369.
• MD1T capsules, 50 mg, 20 mg, 90-count bottle, Nutracoastal.
• Nutracoastal S-Drol tablets, 10 mg, 60-count bottles, Nutrcoastal.
• TRENA tablets, 25 mg, 90-count bottles, UPC 8272386000383.
• 2a, 17a METHASTADROL capsules,10 mg, 90-count bottles, UPC 089935100207.
• TRI-METHYL X capsules, vitamin C 60 mg, Vitamin B-12 24 mcg, 60-count bottles, UPC 089935100214.
• e-pol capsules, 30 mg, InSLINsified Proprietary Insulin Mimetic 250.5 mg, 60-count bottles, UPC 855279025144.
• Nasty mass capsules, 10 mg, InSLINsified Proprietary Insulin Mimetic 250.5 mg, 60-count bottles, UPC 793214256904.
• RAGE RV2 capsules, 150 mg, 90-count bottles, UPC 718122731350.
• RAGE RV3 capsules, 60-count bottles, UPC 718122747122.
• RAGE RV4 capsules, 60-count bottle, UPC 718122747320.
• RAGE RV5 capsules, 60-count bottles, UPC 718122747221.
• FINAFLEX 550-XD capsules, 60-count bottles, rd labs, UPC 689466048865.
• FINAFLEX RIPPED capsules, 60-count bottles, UPC 689466130577.
• FORGED EXTREME MASS capsules, Proprietary Blend, 60-count bottles, transform Supplements, UPC 788903093748.
• FORGED LEAN MASS capsules, Proprietary Blend, 60-count metal cans, transform Supplements, UPC 788903057924.
• RIPPED TABS TR tablets, Anabolic Amplifier Proprietary Blend, 60-count foil packed blisters per box, UPC 675941001623.
• IForce Dymethazine/Reversitol Combo Pack, All lots and codes.

Please keep in mind that the above mentioned list may be incomplete. Consumers using any of the above mentioned products can visit the manufacturer’s website or call the manufacturer to find out if your product is part of the recall.

If you have been injured by an over-the-counter medication or prescription drug, contact Burton Padove for a free consultation at 219-836-2200.

If you’ve been using Qualaquin (quinine sulfate) to prevent leg cramps, treat leg cramps or for restless leg syndrome, you need to know that two people using Qualaquin and 36 others have experienced serious life threatening side effects between April and October 2008. This link was discovered after the FDA reviewed its Adverse Event Reporting System for the April through October time period. It is not clear how many others since October 2008 have experienced life threatening side effects or death from Qualaquin use. It is also important to know that Qualaquin is not FDA-approved to prevent or treat night time leg cramps.

The problem with the drug seems to be linked to the active ingredient called quinine. The serious side effects listed in the report, include:  

• Low blood platelet levels (thrombocytopenia)
• Hemolytic uremic syndrome
• Thrombotic thrombocytopenic purpura which is a blood disorder resulting small blood vessel clots and possibly kidney impairment
• Permanent kidney impairment
• Heart and blood vessel (cardiovascular) problems
• Hearing loss
• Electrolyte imbalance
• Internal bleeding

Consequently, the FDA has demanded that the manufacturer sent a warning letter out to physicians letting them know about the risk of serious and life threatening blood disorder reactions.  The FDA has warned that Qualaquin is only approved for the treatment of malaria caused by the Plasmodium falciparum parasite. This type of malaria is associated with foreign countries, but US citizens traveling to other countries may return to the U.S. with this form of malaria. 

If you are using Qualaquin, you should stop taking the medication and report to your physician if any of the following conditions is applicable.

• Using the drug for leg cramps
• Inappropriate bruising
• Nose bleeds
• Blood in urine or stool
• Bleeding gums
• Purple, red, brown discoloration of the skin.

If you or a loved one has suffered injury because of a drug, contact Burton Padove, Indiana personal injury lawyer, for a free consultation at (219) 836 2200.

Recently, President Obama demanded a $20 million fund be set up to provide oil spill relief. BP met this demand and the fund will be administered by Kenneth Feinberg who oversaw the fund for the victims of the September 11, 2001 terrorist attacks. While this amount is not a small drop in the bucket, the $20 million may not cover the costs associated with the oil spill clean up or the suffering of families who maintained their livelihood because of the appeal of the Gulf Waters. For this reason, the $20 million is not a capped amount.

Kevin Costner has also stepped up to the plate with 2.5 ton centrifugal technology that he purchased from the Department of Energy and improved upon over the course of fifteen years. This technology was designed as a “first response” mechanism for separating oil from water. The technology is currently being improved upon to meet Gulf oil spill needs since the oil has been in the water for quite some time which makes it hardened in a much thicker form of consistency. Kevin Costner spent $25 million on this technology and $1 million has been spent on improvements and testing. BP has submitted a letter of intent to purchase 32 machines at a cost of approximately $500,000 each. Kevin Costner plans to donate 80% of his proceeds to those suffering in the marshlands and fisheries.

There have been 110 million gallons or more of oil that has filled the Gulf and surrounding waters  since the April 20, 2010 oil rig explosion. Despite BP’s efforts to remedy the situation using an apparatus to block the oil from seeping and burning the oil on the waters, the situation is far from resolved. In the meantime, Kevin Costner’s centrifugal technology is being reviewed by regulatory authorities before it can be used in the Gulf waters.

If you or a loved one has been affected because of the oil spill, contact Burton Padove, Indiana lawyer, for a free consultation at (219) 836 2200.

In 2007, Horizon Blue Cross Blue Shield of New Jersey was involved in a class action lawsuit filed by a group of nine medical specialists; including podiatrists and ophthalmologists. The medical specialists claimed that Blue Cross Blue Shield class action lawsuit stemmed against Horizon Blue Cross Blue Shield because of denied insurance claims that were considered “medically necessary” treatment for patients.  The medical specialists also contended that following an appeal process, which required a significant administrative expense, the insurance company very slowly paid the doctors for the patients’ services.

This lawsuit, known as Sutter v. Horizon Blue Cross Blue Shield of New Jersey, Esx-L-385-02, resulted in Horizon agreeing to settle the case. The provisions in the settlement, included:

• Financial compensation of approximately $1750.00 per physician over a five year period.
• Provision for the physician to reject accepting any new  Horizon patients.
• Published a fee schedule that physicians’ administrators can view online to determine patient benefits.

Horizon also wished to receive payment from the physicians for any over payments that the physicians received. Most recently, Superior Court Judge Stephen Bernstein reduced the award to the plaintiff attorneys from $6.5 million to $4.3 million.

The idea behind the Sutter v. Horizon Blue Cross Blue Shield of New Jersey lawsuit was to make billing reform fair and reasonable.  Yet, the Horizon participants were not awarded any benefits in this class action lawsuit. Horizon patients may be turned away by physicians and those affected by the slow paying of medical expenses, may possibly have poor credit ratings because the bills took so long to pay. It appears that the biggest advantage in the outcome of the lawsuit is that physicians won’t need to dedicate administrative time for Horizon patient claim filing. This is valuable to physicians since many are suffering through difficult economic times.

Last year, another settlement was approved in federal district court in Miami. It is a similar case entitled Love v. Blue Cross Blue Shield Association, 03-Civ.21296. In this case, the class action participants received monetary benefits, not just equitable relief as provided in the Sutter case.

If you feel you have experienced improper medical billing or have been denied medical insurance claim reimbursement, consider contacting Burton Padove, Indiana lawyer,  for a free consultation at (219) 836 2200.

In our very mobile society, relocation of a custodial parent after a divorce or paternity is quite common.  Indiana family law lawyers have found many reasons  for custodial parent moves.

This is especially true in these very difficult economic times when a move from where a custodial parent lives may be necessary in order to obtain employment.  If the move is a substantial distance from the original location, there is no doubt that such a change in location may cause a great amount of grief and heartbreak for the non-custodial parent.  Sometimes a move is made for other economic and/or quality of life reasons such as a move to an area where there is a lot of family.  Unfortunately, sometimes, the reason for relocation after a very acrimonious and hard fought divorce or custody battle may be for the purpose of taking a child away from the non-custodial parent, and not for a legally acceptable reason.

Indiana Relocation Custodial and Non-Custodial Parent Rights

Indiana relocation custodial and parenting time rights laws insure that any relocation of a substantial distance must be done for a good and valid purpose.  Major provisions require that the relocating custodial parent provide 60 days notice of “an intent to move’ to the other parent.  The Notice must provide the date and address of relocation, including phone numbers.  The Notice must also provide a parenting plan concerning the manner, time and expenses for future parenting time between the non-custodial parent and the child.

If the non-custodial parent files an objection, a hearing must be conducted by the court to determine whether the move is being made in good faith and is in the best interest of the child.   The court has the discretion to enter orders approving or denying the move, modifying custody, modifying the proposed parenting plans and determining who will have to pay for the increased cost transportation costs for exercising parenting time when distance is a major factor.

If you live in the communities of Hammond, Munster, Dyer, Griffith, East Chicago, Gary, Whiting, Highland, Lake Station, Hobart, Merrillville, Lowell, Crown Point and East Chicago in  Lake County or in Porter County Indiana and are facing a relocation situation, contact Burton Padove, Indiana family law lawyer,  for a free consultation at (219) 836 2200.

Child restraint systems sold by Dorel, Eddie Bauer and Costco have been part of recalls for failure of the system to meet safety regulations. There are numerous types and models that are a part of the recall so it’s best to go to the manufacturer’s website and locate your model to find out if the system is a part of a recall.   In the meantime, here are some tips.

Purchase Child Restraint Seats That Have Been on the Market for Five Years!

In numerous cases, product defect that cause safety hazards are not identified until the product is sued by mainstream society. So, waiting until the product has completely saturated the market will allow for unknown defects to be discovered and repaired before you purchase your product. Make certain that the plastic on the product has not expired which may elevate the risk for injury.

Read Product Instruction Manuals

Products usually come with an instructional manual. If there is not an instructional manual, you can probably order one from the manufacturer. Instrumental manuals let you know about risks that are associated with the product and ways to avoid those risks. The instructional manual shows you how to use the product safely.  Be certain to read the manual thoroughly and adhere to the instructions.

Check the Product for Defects Before Use.

You can scan your product and move assembled parts to help ensure that your product is safe. For example, check a child can seat system for cracks in plastic, frayed straps, difficult to use buckles and harness adjustors. Then, check the manufacturer’s website to ensure that the product has not been recalled.       

If You Discover a Defect, Contact the Manufacturer

Manufacturers will usually remedy defects by sending you a replacement part or additional part that can reduce or eliminate the risk of injury.

Do Not Use a Defective Product!

No matter how minor the defect may appear, even slight defects may pose a risk for serious injury.

If you or a loved one has been injured by a defective product, contact Burton Padove, personal injury lawyer, for a free consultation at 219-836-2200.

Loogootee Nursing Home located in Loogootee, IN recently faced the Indiana Court of Appeals following a lawsuit from a resident who was injured.

The resident was sitting on the porch of the nursing home when Carroll Ledgerwood, a brass player who was planning to appear at the nursing home, accidentally slipped his foot off the brake and drove onto the porch, hitting the resident. The resident suffered serious injuries, including: the inability to walk, dress himself or perform other daily living activities for several months. This would cause a person in this condition to bear significant costs to pay for assistants to help perform daily living activities. Caregivers can cost anywhere from $10.00 per hour to $25.00 per hour, depending upon the severity of the disability. The resident sued both Loogootee Nursing Home and the Carroll Ledgerwood.

Last year, Judge Pfleging heard several court hearings and motions to determine that Ledgerwood could be considered a “gratuitous servant” as defined by a 1983 Indiana Court of Appeals decision regarding the employment-servant relationship. However, the judge found that the driver wasn’t acting as a servant when driving which would mean that there is no validity in the lawsuit against the Indiana nursing home. The trial judge also determined that the Loogootee Nursing Home was not obligated to perform a duty since the accident was an unforeseeable event.

The appeals judges also determined that the nursing home was not liable in this “run away” car case.

It is not known if Loogootee Nursing Home filed a premise liability case against Ledgerwood for the damage to the building.

This case provides a reason for you to check into umbrella insurance policies that cover premise liability and underinsured motorist policies that may absorb excessive medical costs such as those that may have been incurred in the nursing home resident’s lawsuit.

If you or a loved on has been injured on a property, contact Burton Padove, a personal injury lawyer, for a free consultation at 219-836-2200.