Mary E. Santelli v. Abu M. Rahmatullah - 2/14/13

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Thursday  February 14, 2013 
10:30 AM  EST

10:30 a.m. 49S04-1212-CT-667. The Marion Superior Court entered judgment on a jury verdict in this negligence case, in which the jury allocated fault (1% to the murdered motel guest, 2% to the motel owner, and 97% to the killer) and assessed 2% of total damages against the motel owner. The Court of Appeals reversed and remanded for a new trial on fault allocation after it concluded that the trial court erred by not instructing the jury on the motel owner’s liability under the “very duty doctrine.” Santelli v. Rahmatullah, 966 N.E.2d 661 (Ind. Ct. App. 2012), vacated. The Supreme Court has granted a petition to transfer the case and has assumed jurisdiction over the appeal.

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