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Justices affirm new trial in estate awarded $41,400 in hotel killing

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A correction and update has been made to this story.

The Indiana Supreme Court on Wednesday upheld a lower court order for a new trial in a case involving a  $41,400 award made to the estate of a man who was killed at a Speedway hotel by a former employee.

“We find the trial court was well within its discretion in determining that ‘a contrary result should have been reached in the minds of reasonable men,’” Justice Robert Rucker wrote for the justices in affirming a new trial in Mary Elizabeth Santelli, as Administrator of the Estate of James F. Santelli v. Abu M. Rahmatullah, Individually and d/b/a Super 8 Motel.

The jury determined 97 percent of the liability for damages lies with Joseph Pryor, the man who murdered James Santelli while he was a guest at the Super 8 Motel in Speedway. The jury apportioned 1 percent liability to Santelli and 2 percent to hotel owner Abu M. Rahmatullah, which resulted in the $41,400 award – 2 percent of the $2.07 million damages award – to the estate.

Justices, meanwhile, affirmed the allocation of fault under the Indiana Comparative Fault Act as proper. In this negligence case, the court addressed the application of the Act to the issue of fault allocation in a specific context: that in which a premises owner has a duty to protect a business invitee from the foreseeable criminal act of a third party.

Rucker wrote for the court that it had determined that “the (Comparative Fault) Act abrogates the old rule of joint and several liability in suits to which the Act applies,” citing Ind. Dept. of Ins. v. Everhart, 960 N.E.2d 129, 138 (Ind. 2012).

“We determined that the elimination of joint and several liability was a reasonable trade-off for the benefits plaintiffs receive under the Act, namely: the removal of the contributory negligence bar to recovery,” Rucker wrote.

“It would be incongruous to permit Rahmatullah to be held jointly liable for damages caused by Pryor but not to permit Rahmatullah to seek contribution from Pryor. Our view on this issue is consistent with that of other states whose legislatures, like the Indiana Legislature, have included intentional acts in the comparative fault analysis,” Rucker wrote.

The Supreme Court ruling comes after a panel of the Indiana Court of Appeals reversed the Marion Superior Court and remanded for a new trial. Attorneys said the case would be a key decision regarding premises liability.

“The Indiana legislature has the authority to expressly permit joint and several liability in circumstances such as these, but as of yet it has not done so,” Rucker wrote. “In allocating fault among multiple actors, a jury may consider ‘the relative degree of causation attributable among the responsible actors.’ Our statutory scheme thus allows a diverse array of factors to be considered in the allocation of comparative fault.”
 

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  1. I will continue to pray that God keeps giving you the strength and courage to keep fighting for what is right and just so you are aware, you are an inspiration to those that are feeling weak and helpless as they are trying to figure out why evil keeps winning. God Bless.....

  2. Some are above the law in Indiana. Some lined up with Lodges have controlled power in the state since the 1920s when the Klan ruled Indiana. Consider the comments at this post and note the international h.q. in Indianapolis. http://www.theindianalawyer.com/human-trafficking-rising-in-indiana/PARAMS/article/42468. Brave journalists need to take this child torturing, above the law and antimarriage cult on just like The Globe courageously took on Cardinal Law. Are there any brave Hoosier journalists?

  3. I am nearing 66 years old..... I have no interest in contacting anyone. All I need to have is a nationality....a REAL Birthday...... the place U was born...... my soul will never be at peace. I have lived my life without identity.... if anyone can help me please contact me.

  4. This is the dissent discussed in the comment below. See comments on that story for an amazing discussion of likely judicial corruption of some kind, the rejection of the rule of law at the very least. http://www.theindianalawyer.com/justices-deny-transfer-to-child-custody-case/PARAMS/article/42774#comment

  5. That means much to me, thank you. My own communion, to which I came in my 30's from a protestant evangelical background, refuses to so affirm me, the Bishop's courtiers all saying, when it matters, that they defer to the state, and trust that the state would not be wrong as to me. (LIttle did I know that is the most common modernist catholic position on the state -- at least when the state acts consistent with the philosophy of the democrat party). I asked my RCC pastor to stand with me before the Examiners after they demanded that I disavow God's law on the record .... he refused, saying the Bishop would not allow it. I filed all of my file in the open in federal court so the Bishop's men could see what had been done ... they refused to look. (But the 7th Cir and federal judge Theresa Springmann gave me the honor of admission after so reading, even though ISC had denied me, rendering me a very rare bird). Such affirmation from a fellow believer as you have done here has been rare for me, and that dearth of solidarity, and the economic pain visited upon my wife and five children, have been the hardest part of the struggle. They did indeed banish me, for life, and so, in substance did the the Diocese, which treated me like a pariah, but thanks to this ezine ... and this is simply amazing to me .... because of this ezine I am not silenced. This ezine allowing us to speak to the corruption that the former chief "justice" left behind, yet embedded in his systems when he retired ... the openness to discuss that corruption (like that revealed in the recent whistleblowing dissent by courageous Justice David and fresh breath of air Chief Justice Rush,) is a great example of the First Amendment at work. I will not be silenced as long as this tree falling in the wood can be heard. The Hoosier Judiciary has deep seated problems, generational corruption, ideological corruption. Many cases demonstrate this. It must be spotlighted. The corrupted system has no hold on me now, none. I have survived their best shots. It is now my time to not be silent. To the Glory of God, and for the good of man's law. (It almost always works that way as to the true law, as I explained the bar examiners -- who refused to follow even their own statutory law and violated core organic law when banishing me for life -- actually revealing themselves to be lawless.)

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