Paul Komyatti, Jr. v. The Consolidated City of Indianapolis-Marion County and Citizens Energy Group -3/18/13

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Thursday  April 25, 2013 
11:00 AM  EST

11 a.m. 49A04-1209-CT-445. In June 2010, Paul Komyatti rode his bicycle to an Indianapolis bar, drank some beers, and started biking home.  As Komyatti was biking at least twenty miles per hour on the left side of the street under a railroad bridge, his front wheel struck a water-filled pothole.  Komyatti fell off his bike and was injured.  He was taken to the hospital, where his blood alcohol concentration was measured at .137, which exceeds the .08 legal limit for operating a vehicle.  Komyatti filed suit against the City of Indianapolis and Citizens Energy Group.  He alleged that the City was negligent in maintaining the street and that Citizens was negligent in allowing coke to clog the storm drains under the railroad bridge, which allegedly contributed to the pothole.  The City moved for summary judgment on the basis that Komyatti was contributorily negligent, which is a complete bar to recovery in tort claims against governmental entities.  Citizens also moved for summary judgment, asserting that it did not create a dangerous condition, had no duty to maintain the street, and did not proximately cause Komyatti’s injuries.  The trial court granted summary judgment in favor of both the City and Citizens. Komyatti now appeals.

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  1. He did not have an "unlicensed handgun" in his pocket. Firearms are not licensed in Indiana. He apparently possessed a handgun without a license to carry, but it's not the handgun that is licensed (or registered).

  2. Once again, Indiana's legislature proves how friendly it is to monopolies. This latest bill by Hershman demonstrates the lengths Indiana's representatives are willing to go to put big business's (especially utilities') interests above those of everyday working people. Maassal argues that if the technology (solar) is so good, it will be able to compete on its own. Too bad he doesn't feel the same way about the industries he represents. Instead, he wants to cut the small credit consumers get for using solar in order to "add a 'level of certainty'" to his industry. I haven't heard of or seen such a blatant money-grab by an industry since the days when our federal, state, and local governments were run by the railroad. Senator Hershman's constituents should remember this bill the next time he runs for office, and they should penalize him accordingly.

  3. From his recent appearance on WRTV to this story here, Frank is everywhere. Couldn't happen to a nicer guy, although he should stop using Eric Schnauffer for his 7th Circuit briefs. They're not THAT hard.

  4. They learn our language prior to coming here. My grandparents who came over on the boat, had to learn English and become familiarize with Americas customs and culture. They are in our land now, speak ENGLISH!!

  5. @ Rebecca D Fell, I am very sorry for your loss. I think it gives the family solace and a bit of closure to go to a road side memorial. Those that oppose them probably did not experience the loss of a child or a loved one.

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