Showing posts from July, 2018

Recent Indiana Court of Appeals Decision Reiterates The Need for Plaintiff's Counsel to Push Their Cases Forward

Recently, the Indiana Court of Appeals affirmed a trial court's dismissal of a negligence case due to Plaintiff's lawyer's failure to push the case forward.  In the case pending before the Indiana Court of Appeals titled Teresa Parnell and Patrick Parnell v. Agricor, Inc., Steinberger Construction, Inc., E&B Paving, Inc., and Keith Sullivan Excavating, Inc ., case number, 18A-CT-399, the Plaintiffs had filed a lawsuit against several Defendants after a construction project next to their home in Marion allegedly resulted in increased water flow onto their property. The Plaintiffs alleged in their lawsuit that this led to flooding in their basement after heavy rain in March 2013. Fort Wayne Injury Lawyer Nathaniel Hubley After more than two years passed without activity in the lawsuit, the trial court set a Trial Rule 41(E) hearing, initiating proceedings to dismiss the case for failure to prosecute. Plaintiffs' counsel filed a motion with the trial co

Indiana Work Injury Claims - Recent Decision From The Indiana Court of Appeals Involving Calculating The Average Weekly Wage

In the Indiana Worker's Compensation system, an injured worker who is entitled to temporary total disability benefits (wage replacement benefits) will undoubtedly need to have an average weekly wage calculation performed. The worker's compensation insurance company typically contacts the employer and asks for verification regarding the injured worker's wages for the last 52 weeks of employment. Then, the 52 weeks of wages is averaged out to come up with the injured worker's average weekly wage.  Recently, the Indiana Court of Appeals decided the case Midwest Equipment & Supply Co. v. Garwood, 87 N.E.3d 22 (Ind. Ct. App. 2017) which involved a dispute between the injured worker and the worker's compensation insurance company regarding the proper way to calculate the injured worker's average weekly wage.  The injured worker maintained that the average weekly wage calculation should include bonuses that he had received. One bonus was based on the