When Does a Proprietor Owe a Duty to Stop One Patron from Shooting Another? Indiana Court of Appeals Weighs In

When Does a Proprietor Owe a Duty to Stop One Patron from Shooting Another? Indiana Court of Appeals Weighs In

This week we look at the remarkable decision in Hamilton v. Steak'n Shake Operations Inc., which took a deep dive into the analyses of Goodwin v. Yeakle's Sports Bar & Grill and Rogers v. Martin to conclude that a restaurant proprietor owes a duty to take reasonable precautions to protect a "restaurant patron who has been subjected to escalating threats and taunts" from "injury resulting after the encounter culminated in physical violence."

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Indiana Court of Appeals: Failure to Respond to Cross-Motion for Summary Judgment Not Necessarily Fatal

Indiana Court of Appeals: Failure to Respond to Cross-Motion for Summary Judgment Not Necessarily Fatal

This week we discuss an interesting circumstance of whether failure to file a response to a cross-motion for summary judgment prohibits reliance upon evidence filed in the initial motion for summary judgment.

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Indiana Court of Appeals Reverses Rule 41(E) Dismissal for Suspended Lawyer’s Failure to Timely Serve Defendant

Indiana Court of Appeals Reverses Rule 41(E) Dismissal for Suspended Lawyer’s Failure to Timely Serve Defendant

This week, we look to the recent decision in Petrovski v. Neiswinger, which reversed dismissal for failure to prosecute where the delay was caused by a lawyer who was suspended from the practice of law and not the client.

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On First Impression, Indiana Rules Denial of Insurance Coverage Triggers Uninsured Motorist Coverage

On First Impression, Indiana Rules Denial of Insurance Coverage Triggers Uninsured Motorist Coverage

This week's discussion looks to the question of whether a person who causes a car accident and then is subsequently denied coverage for the accident constitutes an “uninsured” so that the injured person may recover against his own insurance policy.

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Indiana Court of Appeals: Woman Injured by Step Down in Aircraft Hangar to Have Her Day in Court

Indiana Court of Appeals: Woman Injured by Step Down in Aircraft Hangar to Have Her Day in Court

This week we discuss Walters v. JS Aviation, Inc., which reversed summary judgment against a woman who was injured when she missed a step down at an aircraft hangar that may not have been properly marked.

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Indiana Supreme Court: No Private Liability for DCS in Releasing Confidential Identifying Information

Indiana Supreme Court: No Private Liability for DCS in Releasing Confidential Identifying Information

We revisit John Doe #1 v. DCS, in which the court of appeals majority had ruled that a person who reported suspected child neglect and whose identifying information was negligently disclosed in violation of an Indiana statute could bring suit against DCS. In this installment, we look at yesterday's decision from the Indiana Supreme Court, wherein the majority held that no claim could be made against DCS.

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Indiana Court of Appeals: Third-Party Beneficiary Claim Does Not Require Written Contract

Indiana Court of Appeals: Third-Party Beneficiary Claim Does Not Require Written Contract

This week, we look to the recent Court of Appeals of Indiana decision in Tucker v. Tom Raper, Inc., which held that third-party beneficiary claims can be brought on oral contracts. Tucker is the first case in Indiana to so hold.

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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 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 Tort Claim Notice: Substantial Compliance & Standard of Review

Indiana Tort Claim Notice: Substantial Compliance & Standard of Review

Today we look at the scenarios in which a claim can proceed despite not timely filing a notice of tort claim under the Indiana Tort Claims Act. We also look at the formerly puzzling question of the proper standard of review where a plaintiff's claim is tossed at summary judgment for failure to file an ITCA notice.

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