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COA adopts Restatement (Third) of Torts Section 14

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The Indiana Court of Appeals affirmed the trial court in concluding a new trial is warranted to determine allocation of fault in a man’s murder. At issue is the percentage of fault to allocate to a criminal defendant and his former employer.

In Mary E. Santelli, as Administrator of the Estate of James F. Santelli v. Abu M. Rahmatullah, Individually and d/b/a Super 8 Motel, No. 49A04-1011-CT-704, the estate of James F. Santelli filed a suit against Abu M. Rahmatullah, arguing he had breached his duty of care to Santelli by hiring Joseph Pryor, giving him a master keycard to the motel without running a criminal background check, and failing to provide proper security to the motel. After he left his job with the hotel, Pryor broke into the room Santelli was staying in and murdered him. Rahmatullah asserted a nonparty defense, naming Pryor as a nonparty defendant.

The jury allocated one percent fault to Santelli, two percent to Rahmatullah, and 97 percent to Pryor and entered a verdict in favor of the estate for $41,400 – the portion of the damages award for which Rahmatullah was liable. The estate filed a motion to correct error and sought a new trial, claiming the trial court erred by instructing the jury to allocate fault among Santelli, Rahmatullah and Pryor without also instructing the jury on the very duty doctrine. The trial court set aside the verdict with respect to allocation of fault.

The COA concluded that the very duty doctrine is not abrogated by the Indiana Tort Claims Act, and at trial, the judge should instruct the jury on the very duty doctrine, as set forth in Restatement (Second) of Torts, Section 449. The judges also decided to adopt Section 14 of Restatement (Third) of Torts, entitled “Tortfeasor Liable For Failure To Protect The Plaintiff From The Specific Risk Of An Intentional Tort,” holding that it would enable a jury to determine fault in a manner that will carry out the goal of adequately compensating the injured party.

The issue is remanded for further proceedings.

 

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  1. All the lawyers involved in this don't add up to a hill of beans; mostly yes-men punching their tickets for future advancement. REMF types. Window dressing. Who in this mess was a real hero? the whistleblower that let the public know about the torture, whom the US sent to Jail. John Kyriakou. http://www.nytimes.com/2013/01/26/us/ex-officer-for-cia-is-sentenced-in-leak-case.html?_r=0 Now, considering that Torture is Illegal, considering that during Vietnam a soldier was court-martialed and imprisoned for waterboarding, why has the whistleblower gone to jail but none of the torturers have been held to account? It's amazing that Uncle Sam's sunk lower than Vietnam. But that's where we're at. An even more unjust and pointless war conducted in an even more bogus manner. this from npr: "On Jan. 21, 1968, The Washington Post ran a front-page photo of a U.S. soldier supervising the waterboarding of a captured North Vietnamese soldier. The caption said the technique induced "a flooding sense of suffocation and drowning, meant to make him talk." The picture led to an Army investigation and, two months later, the court martial of the soldier." Today, the US itself has become lawless.

  2. "Brain Damage" alright.... The lunatic is on the grass/ The lunatic is on the grass/ Remembering games and daisy chains and laughs/ Got to keep the loonies on the path.... The lunatic is in the hall/ The lunatics are in my hall/ The paper holds their folded faces to the floor/ And every day the paper boy brings more/ And if the dam breaks open many years too soon/ And if there is no room upon the hill/ And if your head explodes with dark forbodings too/ I'll see you on the dark side of the moon!!!

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  5. My mother got temporary guardianship of my children in 2012. my husband and I got divorced 2015 the judge ordered me to have full custody of all my children. Does this mean the temporary guardianship is over? I'm confused because my divorce papers say I have custody and he gets visits and i get to claim the kids every year on my taxes. So just wondered since I have in black and white that I have custody if I can go get my kids from my moms and not go to jail?

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