Why Summary Judgment Predicated on Defense of Contributory Negligence is Almost Impossible in Indiana

Why Summary Judgment Predicated on Defense of Contributory Negligence is Almost Impossible in Indiana

Today, we look at the propriety of adjudicating personal injury cases on the basis of a contributory negligence defense at summary judgment through the lens of the new decision in Gonzalez v. Ritz. We also examine the burden on a movant to establish that evidence would certainly not be admissible at trial in order to exclude it at summary judgment.

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Indiana Supreme Court: Evidence of Prior Alcohol Convictions Are Admissible to Support Punitive Damages Claim

Indiana Supreme Court: Evidence of Prior Alcohol Convictions Are Admissible to Support Punitive Damages Claim

This week we look at the final decision from long-serving Indiana Supreme Court Justice Robert Rucker, which held that evidence of prior alcohol convictions are admissible in a drunk driving case to support a claim of punitive damages. We also look briefly at two other decisions this week from the Court of Appeals of Indiana. One of those decisions held that an expert in a medical malpractice case who testifies on the applicable standard of care may be cross-examined on his personal practices. The other examined the scope of the duty to warn and affirmed a jury verdict for a passenger injured when the vehicle she was in struck a semi on the side of the road, despite the driver of the car dying and being unable to testify whether he would have taken different actions had the truck driver turned on his emergency flashers.

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Indiana Rejoins Minority Permitting Negligent Hiring Claims Even Where Respondeat Superior is Admitted

Indiana Rejoins Minority Permitting Negligent Hiring Claims Even Where Respondeat Superior is Admitted

This week the Indiana Court of Appeals shifted gears, abandoning 40 years of caselaw in order to revitalize a 1907 decision from the Indiana Supreme Court allowing plaintiffs to simultaneously pursue claims for negligent hiring and vicarious liability.

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Indiana Court Examines Whether Breach of Pedestrian Law is Contributory Negligence on Summary Judgment

Indiana Court Examines Whether Breach of Pedestrian Law is Contributory Negligence on Summary Judgment

This week we look at whether the violation of a statute designed to protect a pedestrian by requiring him to walk against the flow of traffic can constitute contributory negligence at summary judgment when the alternative would have been to cross a busy road without a crosswalk.

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Indiana: Failure to Wear Seatbelt Not Admissible in Personal Injury Case

Indiana: Failure to Wear Seatbelt Not Admissible in Personal Injury Case

This week's discussion focuses on a recent Indiana appellate decision affirming a motion in liming to exclude evidence that the plaintiff in personal injury case was not wearing a seatbelt at the time of the collision. We use this platform to discuss more expansively the admission of evidence of whether an injured person was wearing a seatbelt in the context of a personal injury trial.

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Indiana Court of Appeals Reminds Us that Admission of Liability Establishes 100% Fault

Indiana Court of Appeals Reminds Us that Admission of Liability Establishes 100% Fault

In this installment of the Hoosier Litigation Blog, we look at the recent Indiana Court of Appeals decision Banter v. Sheets wherein the court ordered a new trial for a case in which the jury returned a verdict finding the plaintiff 70% at fault despite the defendant having admitted liability.

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