Permanent Link Archived: https://perma.cc/XY4U-KA27 ***UPDATE*** Transfer was granted in this case, thereby vacating the decision of the Court of Appeals. As discussed in a subsequent post, the Indiana Supreme Court subsequently ruled that the common-carrier exception did not apply to these cases. The court, however, did hold that the actions of sexual assault may be suitably within the scope of…
Year: 2017
Pavlack Law Attorney Honored at Indiana State Bar Association’s Awards Luncheon
Pavlack Law attorney Colin E. Flora was honored at the Indiana State Bar Association’s Awards Luncheon held at the Conrad in Indianapolis on August 30, 2017. Colin received two awards, the Harrison Legal Writing Award (First Place) and the Donald R. Lundberg Writing Award, for his articles When, Where, and How of Piercing the Corporate Veil in Indiana and Citing…
Indiana Supreme Court: No Private Liability for DCS in Releasing Confidential Identifying Information
Permanent Link Archived: https://perma.cc/8K9K-NCXX Today’s discussion brings us back to a prior post, which asked “Can Indiana Department of Child Services Be Liable for Disclosing Confidential Identification Information?” There, we discussed the split decision from the Court of Appeals of Indiana in John Doe #1 v. Ind. Department of Child Services, in which the majority held that a claim could…
Indiana Supreme Court: Evidence of Prior Alcohol Convictions Are Admissible to Support Punitive Damages Claim
Permanent Link Archived: https://perma.cc/SPJ9-7VGS There are some weeks in which finding a single decision to discuss can be quite difficult. Then there are weeks like this past week. We will narrow our focus to the Indiana Supreme Court decision Sims v. Pappas, which addressed the admissibility of prior alcohol-related convictions in a trial for injuries from a drunk-driving car crash.…
Indiana Supreme Court Answers Questions of Admissibility of Immigration Status in Tort Cases
Permanent Link Archived: https://perma.cc/32BN-Y4ZR Today’s discussion touches upon a hot-button issue in the current political climate: unauthorized immigration. The catalyst for our discussion is a decision from the Indiana Supreme Court this past week, which answered two issues of first impression in the state. As Chief Justice Rush summarized those questions: “May an unauthorized immigrant sue for decreased earning capacity…
Carmel Roundabouts Have Greatly Reduced Injury Accidents at Intersections
Carmel, Indiana is well known for consistently showing up on lists of best places to live in small town America, but over the last decade, Carmel has also become internationally known for its expansive network of roundabouts. The main reason Carmel gravitated toward replacing traffic signals and stop signs with roundabouts is for safety purposes. Unlike traditional traffic signals, roundabouts…
Indiana: Injuries in Sports Drills Are Judged in Light of Sport as a Whole
Permanent Link Archived: https://perma.cc/HG64-J6K4 In May, we briefly discussed a case from the Court of Appeals of Indiana called Megenity v. Dunn. In that discussion, we said: Megenity was a case in which a woman was injured in a karate class when another participant chose to do a jump kick in a front kick exercise. The trial court granted summary…