Legal Opinion

Thompson Ex Rel. Thompson v. Owensby

Indiana Court of Appeals

Decided December 29, 1998No. 73A05-9804-CV-232PublishedCited by 39 opinions

1Opinion of the Court

OPINION

KIRSCH, Judge.

Nicole Thompson and her parents appeal the trial court’s dismissal of their complaint against Indiana Insurance Company (the Insurance Company). The appeal presents a single issue: Whether the Thompsons have stated a negligence claim against the Insurance Company for failure to preserve evidence.

We reverse.

FACTS AND PROCEDURAL HISTORY

Six-year-old Nicole Thompson was disfigured when a German shepherd attacked her, ripped off part of her ear, bruised her neck, and bit her hand and thigh. The dog had been restrained by a cable in its owners’ yard, but it broke free of the…

Also in this document: Concurrence.

2Cases cited20 opinions

  1. Webb v. JarvisIndiana Supreme Court · 1991
  2. Boyd v. Travelers InsuranceIllinois Supreme Court · 1995
  3. Goldsberry v. GrubbsIndiana Court of Appeals · 1996
  4. Stump v. Commercial UnionIndiana Supreme Court · 1992
  5. American Family Insurance v. Village Pontiac-GMC, Inc.Appellate Court of Illinois · 1992

15 more not listed; retrieve them via the Exa API.

3Cited by39 opinions

  1. Victor Stanley, Inc. v. Creative Pipe, Inc.District Court, D. Maryland · 2010
  2. Loomis v. Ameritech Corp.Indiana Court of Appeals · 2002
  3. Janice M. Gawley v. Indiana UniversityCourt of Appeals for the Seventh Circuit · 2001
  4. Bass-Davis v. DavisNevada Supreme Court · 2006
  5. Fletcher v. Dorchester Mutual InsuranceMassachusetts Supreme Judicial Court · 2002

34 more not listed; retrieve them via the Exa API.

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