ILNews

Justices vacate transfer to negligent design case

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The Indiana Supreme Court issued an order Monday vacating its grant of transfer to a case filed by a man rendered a quadriplegic after he fell out of a company truck’s utility bucket while working for Richmond Power.

The justices granted transfer in September to Anthony Wade v. Terex-Telect Inc., 29S05-1209-CT-557, and heard arguments in the case. But Chief Justice Brent Dickson and Justices Robert Rucker and Mark Massa decided that the Indiana Court of Appeals decision should stand.

A split Court of Appeals believed Anthony Wade was prejudiced by a jury instruction as to rebuttable presumption because it was unsupported by relevant evidence. The majority ordered a new trial. Wade sued Terex-Telect Inc., claiming the double-man bucket attached to the company truck was negligently designed under the Indiana Products Liability Act.

A jury allocated zero fault to Terex and 100 percent fault to Wade.
 
Wade’s counsel wanted to bring in a utility truck bucket at oral arguments, which the justices originally prevented, but later decided to allow such large exhibits as long as their setup and removal didn’t interfere with other arguments being heard.

Justice Loretta Rush dissented from the decision to deny transfer without opinion. Justice Steven David also dissented, writing he would affirm the trial court.

“The complained of instructions regarding State of the Art and Compliance with Government Regulations were proper statements of the law and were relevant to the allegations and the defenses raised. It did not require the jury to reach any particular conclusion and permitted counsel to argue that the evidence warranted its application or that the evidence did not warrant its application,” he wrote.
 

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  1. OK, now do something about this preverted anacronism

  2. William Hartley prosecutor of Wabash county constantly violates people rights. Withholds statement's, is bias towards certain people. His actions have ruined lives and families. In this county you question him or go out of town for a lawyer,he finds a way to make things worse for you. Unfair,biased and crooked.

  3. why is the State trying to play GOD? Automatic sealing of a record is immoral. People should have the right to decide how to handle a record. the state is playing GOD. I have searched for decades, then you want me to pay someone a huge price to contact my son. THIS is extortion and gestapo control. OPEN THE RECORDS NOW. OPEN THE RECORDS NOW. OPEN THE RECORDS NOW.

  4. I haven't made some of the best choices in the last two years I have been to marion county jail 1 and two on three different occasions each time of release dates I've spent 48 to 72 hours after date of release losing a job being denied my freedom after ordered please help

  5. Out here in Kansas, where I now work as a government attorney, we are nearing the end of a process that could have relevance in this matter: "Senate Bill 45 would allow any adult otherwise able to possess a handgun under state and federal laws to carry that gun concealed as a matter of course without a permit. This move, commonly called constitutional carry, would elevate the state to the same club that Vermont, Arizona, Alaska and Wyoming have joined in the past generation." More reading here: http://www.guns.com/2015/03/18/kansas-house-panel-goes-all-in-on-constitutional-carry-measure/ Time to man up, Hoosiers. (And I do not mean that in a sexist way.)

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