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. 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.

  2. 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?

  3. 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.

  4. The sad thing is that no fish were thrown overboard The "greenhorn" who had never fished before those 5 days was interrogated for over 4 hours by 5 officers until his statement was illicited, "I don't want to go to prison....." The truth is that these fish were measured frozen off shore and thawed on shore. The FWC (state) officer did not know fish shrink, so the only reason that these fish could be bigger was a swap. There is no difference between a 19 1/2 fish or 19 3/4 fish, short fish is short fish, the ticket was written. In addition the FWC officer testified at trial, he does not measure fish in accordance with federal law. There was a document prepared by the FWC expert that said yes, fish shrink and if these had been measured correctly they averaged over 20 inches (offshore frozen). This was a smoke and mirror prosecution.

  5. I love this, Dave! Many congrats to you! We've come a long way from studying for the bar together! :)

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