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Indiana Nursing Home Faced with Lawsuit
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.