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. Indianapolis employers harassment among minorities AFRICAN Americans needs to be discussed the metro Indianapolis area is horrible when it comes to harassing African American employees especially in the local healthcare facilities. Racially profiling in the workplace is an major issue. Please make it better because I'm many civil rights leaders would come here and justify that Indiana is a state the WORKS only applies to Caucasian Americans especially in Hamilton county. Indiana targets African Americans in the workplace so when governor pence is trying to convince people to vote for him this would be awesome publicity for the Presidency Elections.

  2. Wishing Mary Willis only God's best, and superhuman strength, as she attempts to right a ship that too often strays far off course. May she never suffer this personal affect, as some do who attempt to change a broken system: https://www.youtube.com/watch?v=QojajMsd2nE

  3. Indiana's seatbelt law is not punishable as a crime. It is an infraction. Apparently some of our Circuit judges have deemed settled law inapplicable if it fails to fit their litmus test of political correctness. Extrapolating to redefine terms of behavior in a violation of immigration law to the entire body of criminal law leaves a smorgasbord of opportunity for judicial mischief.

  4. I wonder if $10 diversions for failure to wear seat belts are considered moral turpitude in federal immigration law like they are under Indiana law? Anyone know?

  5. What a fine article, thank you! I can testify firsthand and by detailed legal reports (at end of this note) as to the dire consequences of rejecting this truth from the fine article above: "The inclusion and expansion of this right [to jury] in Indiana’s Constitution is a clear reflection of our state’s intention to emphasize the importance of every Hoosier’s right to make their case in front of a jury of their peers." Over $20? Every Hoosier? Well then how about when your very vocation is on the line? How about instead of a jury of peers, one faces a bevy of political appointees, mini-czars, who care less about due process of the law than the real czars did? Instead of trial by jury, trial by ideological ordeal run by Orwellian agents? Well that is built into more than a few administrative law committees of the Ind S.Ct., and it is now being weaponized, as is revealed in articles posted at this ezine, to root out post moderns heresies like refusal to stand and pledge allegiance to all things politically correct. My career was burned at the stake for not so saluting, but I think I was just one of the early logs. Due, at least in part, to the removal of the jury from bar admission and bar discipline cases, many more fires will soon be lit. Perhaps one awaits you, dear heretic? Oh, at that Ind. article 12 plank about a remedy at law for every damage done ... ah, well, the founders evidently meant only for those damages done not by the government itself, rabid statists that they were. (Yes, that was sarcasm.) My written reports available here: Denied petition for cert (this time around): http://tinyurl.com/zdmawmw Denied petition for cert (from the 2009 denial and five year banishment): http://tinyurl.com/zcypybh Related, not written by me: Amicus brief: http://tinyurl.com/hvh7qgp

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