Indiana Supreme Court Makes Substantial Addition to Wrongful-Death Procedures

Indiana Supreme Court Makes Substantial Addition to Wrongful-Death Procedures

This week’s discussion recaps a handful of notable recent Indiana appellate decisions and delves into the new requirements for wrongful-death estates in Indiana dictated by the Indiana Supreme Court’s ruling in Lewis v. Toliver.

Read More

Indiana Court of Appeals: Fistfights in Parking Lot are Type of Foreseeable “Rowdy Behavior” Sufficient to Make Bar Liable for Injuries to Patrons

Indiana Court of Appeals: Fistfights in Parking Lot are Type of Foreseeable “Rowdy Behavior” Sufficient to Make Bar Liable for Injuries to Patrons

This week, we revisit the question of when a business owes a duty to protect patrons from injuries due to criminal acts of third-parties after the Indiana Court of Appeals held that a bar owes a duty to patrons injured by a fistfight in the parking lot after closing.

Read More

What Happens When Part of an Indiana Statute is Unconstitutional?

What Happens When Part of an Indiana Statute is Unconstitutional?

This week we look at the Indiana Supreme Court’s decision in City of Hammond v. Herman & Kittle Properties, Inc. that recognized that unconstitutional provisions in Indiana statutes are presumed severable unless that presumption is rebutted in accordance with Ind. Code § 1–1–1–8.

Read More

Indiana Supreme Court Holds that Wrongful Death Claim Does Not End With Death of Heirless Sole Beneficiary

Indiana Supreme Court Holds that Wrongful Death Claim Does Not End With Death of Heirless Sole Beneficiary

After a brief recap of seven notable decisions from the Indiana Court of Appeals, we examine the Indiana Supreme Court’s decision in Horejs v. Milford, which held that the claims for loss of consortium by the lone beneficiary of a wrongful-death estate survive the beneficiary’s death and may be pursued by his estate as a survivor action regardless of whether he has a will or natural heirs at law.

Read More

Indiana: Bar Owed Duty to Patron Whose Jaw Was Broken by a Drunken Patron Who Had Been Bounced from the Bar

Indiana: Bar Owed Duty to Patron Whose Jaw Was Broken by a Drunken Patron Who Had Been Bounced from the Bar

This week we look at the Indiana Court of Appeals’ decision in Buddy & Pals III, Inc. v. Falaschetti, which found that a bar owed a duty to a patron whose jaw was broken by another patron after the other patron had been bounced from the bar for fighting and tried to reenter.

Read More