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District judge asks court to answer certified question

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The U.S. District Court in the Southern District of Indiana is asking the state’s Supreme Court to accept a certified question in litigation involving the Indiana Products Liability Act.

U.S. District Judge Larry J. McKinney granted plaintiff Nicholas Green’s motion to certify a question of Indiana law June 30. The question is, “Whether, in a crashworthiness case alleging enhanced injuries under the Indiana Products Liability Act, the finder of fact shall apportion fault to the person suffering physical harm when that alleged fault relates to the cause of the underlying accident.”

Green was driving a 1999 Ford Explorer Sport in Indianapolis in January 2006 when his vehicle left the road, hit a guard rail, rolled down an embankment, and came to rest upside down in a ditch. Green is now a quadriplegic because of the accident.

He sued Ford Motor Company in federal court under the state’s Product Liability Act, claiming the design of the car was defective and unreasonably dangerous, and Ford was negligent in its design of the car’s restraint system.

Ford intends to assert an affirmative defense based upon Green’s alleged negligence in causing the underlying accident. Green argues his alleged negligence is irrelevant because only a product’s defective design can cause “enhanced injuries.”

“…the critical question is whether a plaintiff who negligently causes the underlying accident in a crashworthiness or enhanced injury case also ‘causes’ the enhanced injuries that, by law, the plaintiff is required to prove were caused by the defective design,” wrote Judge McKinney. “Indiana Code section 34-20-8-1 does not answer that question ….”

Judge McKinney noted that the law is uncertain, no Indiana court has written on the issue, there is a split of authority in other states, and the issue is a matter of vital public concern. Until the issue is resolved, the judge administratively closed the case out of the Indianapolis Division, Nicholas A. Green v. Ford Motor Co., No. 1:08-CV-0163, pending a resolution by the Supreme Court.
 

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  1. Excellent initiative on the part of the AG. Thankfully someone takes action against predators taking advantage of people who have already been through the wringer. Well done!

  2. Conour will never turn these funds over to his defrauded clients. He tearfully told the court, and his daughters dutifully pledged in interviews, that his first priority is to repay every dime of the money he stole from his clients. Judge Young bought it, much to the chagrin of Conour’s victims. Why would Conour need the $2,262 anyway? Taxpayers are now supporting him, paying for his housing, utilities, food, healthcare, and clothing. If Conour puts the money anywhere but in the restitution fund, he’s proved, once again, what a con artist he continues to be and that he has never had any intention of repaying his clients. Judge Young will be proven wrong... again; Conour has no remorse and the Judge is one of the many conned.

  3. Pass Legislation to require guilty defendants to pay for the costs of lab work, etc as part of court costs...

  4. The fee increase would be livable except for the 11% increase in spending at the Disciplinary Commission. The Commission should be focused on true public harm rather than going on witch hunts against lawyers who dare to criticize judges.

  5. Marijuana is safer than alcohol. AT the time the 1937 Marijuana Tax Act was enacted all major pharmaceutical companies in the US sold marijuana products. 11 Presidents of the US have smoked marijuana. Smoking it does not increase the likelihood that you will get lung cancer. There are numerous reports of canabis oil killing many kinds of incurable cancer. (See Rick Simpson's Oil on the internet or facebook).

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