Jason Young v. Hood's Gardens, Inc. - 9/18/14

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Thursday  September 18, 2014 
9:00 AM  EST

9 a.m. 29S02-1405-PL-314. After Young was injured while removing a tree stump from its property, Hood’s Gardens sued, seeking a declaration that it cannot be held liable to pay Young worker’s compensation benefits under Indiana Code section 22-3-2-14(b), which imposes secondary liability in some situations where there is a contract for the performance of work exceeding $1,000 in value.  The Hamilton Superior Court granted summary judgment to Hood’s Gardens after concluding that the evidence shows as a matter of law that the statutory minimum amount of value was not triggered and so Hood’s Gardens may not be held liable.  A divided Court of Appeals panel affirmed.  Young v. Hood’s Gardens, Inc., 2 N.E.3d 724 (Ind. Ct. App. 2013), vacated.  The Supreme Court has granted a petition to transfer the case and has assumed jurisdiction over the appeal.

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