ILNews

High court takes certified question from Southern District

Back to TopE-mailPrintBookmark and Share

The Indiana Supreme Court will answer a certified question in litigation involving the state’s Products Liability Act. The justices accepted the certified question from U.S. District Court, Southern District of Indiana Judge Larry J. McKinney Tuesday afternoon.

The question is “Whether, in a crashworthiness case alleging enhanced injuries under the Indiana Products Liability Act, the finder of fact shall apportion fault to the person suffering physical harm when that alleged fault relates to the cause of the underlying accident.”

The question arose in Nicholas A. Green v. Ford Motor Co., No. 1:08-CV-0163, in which Nicholas Green is suing Ford under the Indiana Products Liability Act, claiming the design of the car he crashed was defective and unreasonably dangerous. He also argues that Ford was negligent in the design of the car’s restraint system.

Ford wants to assert an affirmative defense based on Green’s alleged negligence in causing the accident; Green claims his alleged negligence is irrelevant because only a product’s defective design can cause “enhanced injuries.”

Main briefs in the matter are due Aug. 27 with response briefs due Sept. 17.
 

ADVERTISEMENT

Sponsored by
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. Your article is a good intro the recent amendments to Fed.R.Civ.P. For a much longer - though not necessarily better -- summary, counsel might want to read THE CHIEF UMPIRE IS CHANGING THE STRIKE ZONE, which I co-authored and which was just published in the January issue of THE VERDICT (the monthly publication of the Indiana Trial Lawyers Association).

  2. Thank you, John Smith, for pointing out a needed correction. The article has been revised.

  3. The "National institute for Justice" is an agency for the Dept of Justice. That is not the law firm you are talking about in this article. The "institute for justice" is a public interest law firm. http://ij.org/ thanks for interesting article however

  4. I would like to try to find a lawyer as soon possible I've had my money stolen off of my bank card driver pressed charges and I try to get the information they need it and a Social Security board is just give me a hold up a run around for no reason and now it think it might be too late cuz its been over a year I believe and I can't get the right information they need because they keep giving me the runaroundwhat should I do about that

  5. It is wonderful that Indiana DOC is making some truly admirable and positive changes. People with serious mental illness, intellectual disability or developmental disability will benefit from these changes. It will be much better if people can get some help and resources that promote their health and growth than if they suffer alone. If people experience positive growth or healing of their health issues, they may be less likely to do the things that caused them to come to prison in the first place. This will be of benefit for everyone. I am also so happy that Indiana DOC added correctional personnel and mental health staffing. These are tough issues to work with. There should be adequate staffing in prisons so correctional officers and other staff are able to do the kind of work they really want to do-helping people grow and change-rather than just trying to manage chaos. Correctional officers and other staff deserve this. It would be great to see increased mental health services and services for people with intellectual or developmental disabilities in the community so that fewer people will have to receive help and support in prisons. Community services would like be less expensive, inherently less demeaning and just a whole lot better for everyone.

ADVERTISEMENT