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High court takes certified question from Southern District

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The Indiana Supreme Court will answer a certified question in litigation involving the state’s Products Liability Act. The justices accepted the certified question from U.S. District Court, Southern District of Indiana Judge Larry J. McKinney Tuesday afternoon.

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.”

The question arose in Nicholas A. Green v. Ford Motor Co., No. 1:08-CV-0163, in which Nicholas Green is suing Ford under the Indiana Products Liability Act, claiming the design of the car he crashed was defective and unreasonably dangerous. He also argues that Ford was negligent in the design of the car’s restraint system.

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

Main briefs in the matter are due Aug. 27 with response briefs due Sept. 17.
 

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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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