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Date: 05-15-2024
Case Style:
Case Number: 1:22-cv-02294
Judge: Richard L. Young
Court: United States District Court for the Southern District of Indiana (Marion County)
Plaintiff's Attorney: Charles Philip Tufts, II and Kristina Anderson
Defendant's Attorney: Corban Joseph Cavanaugh and Renee J. Mortimer
Description: Indianapolis, Indiana personal injury lawyers Charles Philip Tufts, II and Kristina Anderson represented the Plaintiff who sued the Defendants on auto negligence theories.
This case was initially filed in the Circuit Court, Madison County, Indiana, case number 48C01-2208-CT-000106, and was removed to federal court by the Defendants claiming complete divesity of citizenship and that there was more than $75,000 in controversy.
The following five elements may typically be required to prove negligence: The existence of a legal duty that the defendant owed the plaintiff, Defendant’s breach of that duty, Harm to the plaintiff, Defendant’s actions are the proximate cause of harm to the plaintiff, and Defendant’s actions are the cause-in-fact of harm to the plaintiff.
The legislature enacted a statute that creates this standard for all cases alleging personal injury due to negligence. According to Indiana Code § 34-51-2-6, an injured person cannot collect compensation for their injuries if a court determines that they are more than 50 percent to blame for the incident.
Outcome: CLOSED DISMISSED: ACKNOWLEDGMENT OF STIPULATION OF DISMISSAL - Pursuant to Fed. R. Civ. P. 41(a)(1)(A)(ii), the parties have stipulated to the dismissal of this action with prejudice. (Filing No. 48 ). Under the Federal Rules of Civil Procedure, "no order is needed to effect a voluntary dismissal." Jenkins v. Vill. of Maywood, 506 F.3d 622, 624 (7th Cir. 2007); see also Szabo Food Serv., Inc. v. Canteen Corp., 823 F.2d 1073, 1078 (7th Cir. 1987) ("The dismissal terminates the case all by itself."). The court acknowledges this case is now closed. Signed by District Judge Richard L Young on 05/15/2024.(AAT) (Entered: 05/15/2024)
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Defendant's Experts:
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