Indiana Supreme Court: Sexual Assault by Police Officer May be Within Scope of Employment Thereby Exposing Department to Liability

Indiana Supreme Court: Sexual Assault by Police Officer May be Within Scope of Employment Thereby Exposing Department to Liability

In this post, we revisit our discussion from December 1, 2017 of Cox v. Evansville Police Department after the Indiana Supreme Court granted transfer and held that the common-carrier exception does not apply to sexual assaults by on-duty police officers but that such attacks may be sufficiently within the scope of employment that the general doctrine of respondeat superior provides liability for police departments.

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Indiana Court of Appeals: When An Employee Heading Home May Trigger Respondeat Superior

Indiana Court of Appeals: When An Employee Heading Home May Trigger Respondeat Superior

This week we discuss the recent Court of Appeals of Indiana case Hudgins v. Bemish as a catalyst to discuss when an employer may be held liable for an employee using a work truck to drive home. We also look at the doctrines of negligent hiring and negligent entrustment.

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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: When Can an Employer be Liable for an Intentional Tort?

Indiana: When Can an Employer be Liable for an Intentional Tort?

This week's discussion focuses on when an employer can be held liable for the intentional and criminal actions of its employees. The case for discussion finds that an employer may be liable where a security guard shot a woman with whom he was romantically involved after an argument while he was on guard duty at an apartment complex.

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