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High court grants transfer Thursday

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The Indiana Supreme Court granted transfer Thursday to a case questioning whether the Indiana Department of Transportation is liable for the death of an employee of an independent contractor working on a highway project.

In Lorraine Bunn, as personal representative of the estate of Robert P. Bunn, deceased, and Robert L. Bunn v. Indiana Dept. of Transportation, No. 50A03-0810-CV-504, the Indiana Court of Appeals reversed summary judgment in favor of INDOT on the estate's negligence claims. Robert P. Bunn was fatally electrocuted while working on a highway construction project INDOT contracted to his employer.

INDOT moved for summary judgment, arguing it had no duty to Robert or his son Robert L. Bunn (Bobby), who witnessed the accident, because they were independent contractors.

Judges L. Mark Bailey and Margret Robb cited Indiana Dept. of Transportation v. Howard, 879 N.E.2d 1119 (Ind. Ct. App. 2008), and concluded that INDOT couldn't avoid liability on the basis of its delegation of its responsibilities to maintain and repair state highways. They also believed INDOT's contract with Pioneer, who subcontracted work to the company where Bunn worked, held INDOT liable.

Judge Carr Darden dissented, because he believed Howard applies only to work performed by an independent contractor in which the negligent execution of that work may endanger the traveling public. The person killed in Howard was a person traveling on the road, not an employee. The judge also believed INDOT couldn't be held liable based on the contract it had with Pioneer.

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  1. "Am I bugging you? I don't mean to bug ya." If what I wrote below is too much social philosophy for Indiana attorneys, just take ten this vacay to watch The Lego Movie with kiddies and sing along where appropriate: https://www.youtube.com/watch?v=etzMjoH0rJw

  2. I've got some free speech to share here about who is at work via the cat's paw of the ACLU stamping out Christian observances.... 2 Thessalonians chap 2: "And we also thank God continually because, when you received the word of God, which you heard from us, you accepted it not as a human word, but as it actually is, the word of God, which is indeed at work in you who believe. For you, brothers and sisters, became imitators of God’s churches in Judea, which are in Christ Jesus: You suffered from your own people the same things those churches suffered from the Jews who killed the Lord Jesus and the prophets and also drove us out. They displease God and are hostile to everyone in their effort to keep us from speaking to the Gentiles so that they may be saved. In this way they always heap up their sins to the limit. The wrath of God has come upon them at last."

  3. Did someone not tell people who have access to the Chevy Volts that it has a gas engine and will run just like a normal car? The batteries give the Volt approximately a 40 mile range, but after that the gas engine will propel the vehicle either directly through the transmission like any other car, or gas engine recharges the batteries depending on the conditions.

  4. Catholic, Lutheran, even the Baptists nuzzling the wolf! http://www.judicialwatch.org/press-room/press-releases/judicial-watch-documents-reveal-obama-hhs-paid-baptist-children-family-services-182129786-four-months-housing-illegal-alien-children/ YET where is the Progressivist outcry? Silent. I wonder why?

  5. Thank you, Honorable Ladies, and thank you, TIL, for this interesting interview. The most interesting question was the last one, which drew the least response. Could it be that NFP stamps are a threat to the very foundation of our common law American legal tradition, a throwback to the continental system that facilitated differing standards of justice? A throwback to Star Chamber’s protection of the landed gentry? If TIL ever again interviews this same panel, I would recommend inviting one known for voicing socio-legal dissent for the masses, maybe Welch, maybe Ogden, maybe our own John Smith? As demographics shift and our social cohesion precipitously drops, a consistent judicial core will become more and more important so that Justice and Equal Protection and Due Process are yet guiding stars. If those stars fall from our collective social horizon (and can they be seen even now through the haze of NFP opinions?) then what glue other than more NFP decisions and TRO’s and executive orders -- all backed by more and more lethally armed praetorians – will prop up our government institutions? And if and when we do arrive at such an end … will any then dare call that tyranny? Or will the cost of such dissent be too high to justify?

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