Justices deny previously granted transfer

Michael W. Hoskins
January 1, 2007
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Despite a previous decision to accept a case, the Indiana Supreme Court has decided to revoke its previous order to consider whether Indiana or Illinois law should apply to a dram shop suit.

Now, a Court of Appeals decision from March will stand, meaning Indiana law applies to the case.

Justices this week vacated its July decision to accept transfer in Rebecca Shaw, Individually, and for the Estate of Kayla Nichole Hughes, and Stephen Hughes v. LDC Enterprises d/b/a I&I Steakhouse, et al., in which the court heard arguments Sept. 13.

During arguments, justices expressed concern about issuing injunctive relief to force the establishment to close or to delve into jurisdictional issues with other states.

The Court of Appeals had reversed a lower court decision from Fountain County, holding that Indiana law should apply to a complaint against a steakhouse owner in Illinois for an accident that happened in Indiana and resulted in the death of a teenager.

The owner moved to dismiss the counts on grounds that Illinois law should control the disposition of the action, and the trial court granted the motion. On appeal, the appellate court ruled, "The last event necessary to make LDC liable for its alleged wrong took place in Indiana with Kayla's death, and application of Illinois law would leave (mother Rebecca) Shaw without a remedy. The substantive law of Indiana therefore applies."

Illinois dram shop law is one of the strictest in the nation, allowing plaintiffs to essentially recover if they can prove the sale happened and some type of connection between the furnishing, intoxication, and injury - not knowledge of intoxication. But unlike Indiana, the neighboring state has no common law clause of action for injuries arising out of sale or gift of alcoholic beverages, and the legislature has restricted it to only a "person who is injured within this State."

This would leave the family without a remedy, as Kayla Hughes died in Indiana, and the court applied the principle of lex loci delicti in its decision - the last act necessary to make LDC liable for nuisance was the place of injury in Indiana, the appellate court ruled.The case now goes back to Fountain Circuit Judge Susan Orr Henderson for further proceedings.

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  1. Joe, you might want to do some reading on the fate of Hoosier whistleblowers before you get your expectations raised up.

  2. I had a hospital and dcs caseworker falsify reports that my child was born with drugs in her system. I filed a complaint with the Indiana department of health....and they found that the hospital falsified drug screens in their investigation. Then I filed a complaint with human health services in Washington DC...dcs drug Testing is unregulated and is indicating false positives...they are currently being investigated by human health services. Then I located an attorney and signed contracts one month ago to sue dcs and Anderson community hospital. Once the suit is filed I am taking out a loan against the suit and paying a law firm to file a writ of mandamus challenging the courts jurisdiction to invoke chins case against me. I also forwarded evidence to a u.s. senator who contacted hhs to push an investigation faster. Once the lawsuit is filed local news stations will be running coverage on the situation. Easy day....people will be losing their jobs soon...and judge pancol...who has attempted to cover up what has happened will also be in trouble. The drug testing is a kids for cash and federal funding situation.

  3. (A)ll (C)riminals (L)ove (U)s is up to their old, "If it's honorable and pro-American, we're against it," nonsense. I'm not a big Pence fan but at least he's showing his patriotism which is something the left won't do.

  4. While if true this auto dealer should be held liable, where was the BMV in all of this? How is it that the dealer was able to get "clean" titles to these vehicles in order to sell them to unsuspecting consumers?

  5. He has refused his Assent to Laws, the most wholesome and necessary for the public good. He has forbidden his Governors to pass Laws of immediate and pressing importance, He has erected a multitude of New Offices, and sent hither swarms of Officers to harrass our people, and eat out their substance. He has combined with others to subject us to a jurisdiction foreign to our constitution, and unacknowledged by our laws; giving his Assent to their Acts of pretended Legislation: For imposing Taxes on us without our Consent: He is at this time transporting large Armies of foreign Mercenaries to compleat the works of death, desolation and tyranny, already begun with circumstances of Cruelty & perfidy scarcely paralleled in the most barbarous ages, and totally unworthy the Head of a civilized nation.. He has excited domestic insurrections amongst us, and has endeavoured to bring on the inhabitants of our frontiers, the merciless [ ] Savages, whose known rule of warfare, is an undistinguished destruction of all ages, sexes and conditions. GOD BLESS THE GOVERNORS RESISTING! Count on the gutless judiciary to tie our children down and facilitate the swords being drawn across their throats. Wake Up America ...