The Indiana Supreme Court granted transfer to two cases today, including a highly litigated case regarding negligence claims and the construction and renovation of an expanded library location in downtown Indianapolis.
In The Indianapolis-Marion County Public Library v. Charlier Clark & Linard, P.C., and Thornton Tomasetti Engineers, No. 06A05-0804-CV-239, the Indiana Court of Appeals affirmed summary judgment in favor of the engineering and construction companies, ruling the economic-loss doctrine bars the library's negligence claims against the companies.
The library filed suit against the companies as a result of delays and defects in the construction of the central library in Indianapolis.
Judge Elaine Brown dissented because she believed there is a question of fact regarding imminent danger as to Thorton Tomasetti Engineers and that summary judgment under the economic-loss doctrine was inappropriate.
In Reynaldo A. Griffin v. State of Indiana, No. 71A03-0805-CR-260, the appellate court ruled a defendant charged with possessing drugs within 1,000 feet of a school only has the burden of placing the issue of statutory defense in question where the state's evidence hasn't done so. The Court of Appeals split in affirming Reynaldo Griffin's possession conviction based on whether he was briefly within 1,000 feet of the school. The majority ruled he wasn't in front of the school briefly and upheld his conviction. Judge Ezra Friedlander dissented because he believed there was no indication that if he hadn't been stopped, Griffin would have been within 1,000 feet of the school any longer than it took him to walk by it. Judge Friedlander would reduce the Class D felony conviction and remand for re-sentencing.