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COA clarifies ruling in negligent hiring lawsuit

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The Indiana Court of Appeals affirmed their decision to reverse the grant of an insurer’s motion for summary judgment against the parent company of a hotel. On rehearing, the appellate court denied that the other defendants involved in the lawsuit should benefit from the decision regarding Holiday Hospitality Franchising because the other parties didn’t appeal the original ruling.

In Holiday Hospitality Franchising, Inc. v. AMCO Company, et al., No. 33A01-1103-CT-104, Holiday Inn Express of New Castle and Anil Megha, argued on rehearing that the reversal of summary judgment with regards to Holiday Hospitality should apply to them as well. The three were parties in a negligent hiring suit, in which the parent of R.H.M., a 15-year-old guest at the New Castle hotel, sued after the teen was molested by a hotel employee. The trial court ruled that the molestation wasn’t an “occurrence” as that term is defined in the hotel’s insurance policy with AMCO Insurance Co.

Only Holiday Hospitality appealed the trial court ruling, but now the other defendants claim the reversal of summary judgment should apply to them as well, citing Appellate Rule 17(A), which says “a party of record in the trial court … shall be a party on appeal.”

“We agree with the Petitioners that, contrary to the footnote in our opinion, all parties to the trial court proceeding below are parties on appeal. However, this does not necessitate that the procedural disposition of our opinion, the reversal of summary judgment as to Holiday Hospitality, apply to any party other than Holiday Hospitality,” wrote Chief Judge Margret Robb. “The other Petitioners forfeited the right to appeal the trial court’s grant of summary judgment against them.”

 

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  1. What is this, the Ind Supreme Court thinking that there is a separation of powers and limited enumerated powers as delegated by a dusty old document? Such eighteen century thinking, so rare and unwanted by the elites in this modern age. Dictate to us, dictate over us, the massess are chanting! George Soros agrees. Time to change with times Ind Supreme Court, says all President Snows. Rule by executive decree is the new black.

  2. I made the same argument before a commission of the Indiana Supreme Court and then to the fedeal district and federal appellate courts. Fell flat. So very glad to read that some judges still beleive that evidentiary foundations matter.

  3. KUDOS to the Indiana Supreme Court for realizing that some bureacracies need to go to the stake. Recall what RWR said: "No government ever voluntarily reduces itself in size. Government programs, once launched, never disappear. Actually, a government bureau is the nearest thing to eternal life we'll ever see on this earth!" NOW ... what next to this rare and inspiring chopping block? Well, the Commission on Gender and Race (but not religion!?!) is way overdue. And some other Board's could be cut with a positive for State and the reputation of the Indiana judiciary.

  4. During a visit where an informant with police wears audio and video, does the video necessary have to show hand to hand transaction of money and narcotics?

  5. I will agree with that as soon as law schools stop lying to prospective students about salaries and employment opportunities in the legal profession. There is no defense to the fraudulent numbers first year salaries they post to mislead people into going to law school.

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