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Supreme Court grants 2 transfers

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The Indiana Supreme Court granted two transfers this week to cases involving a negligence claim against a grocery store and subordinated judgment liens.

In The Kroger Co. v. Lu Ann B. Plonski, No. 49A02-0807-CV-610, the Indiana Court of Appeals affirmed the denial of Kroger's motion for summary judgment in Lu Ann Plonski's negligence claim. Given the Indiana Supreme Court's holding in Paragon Family Restaurant v. Bartolini, 799 N.E.2d 1048 (Ind. 2003), the appellate court determined there was no need for a judicial re-determination of duty in the instant case. Kroger's duty was sufficiently established by evidence Plonski, a patron of the store, was assaulted in the store's parking lot as she was leaving. Kroger argued it didn't have a duty to protect her from a criminal act of a third party who was not a guest or patron of the store; that even if it had a duty to Plonski, it didn't breach that duty; and that it wasn't the proximate cause of her injuries.

In Gina Johnson v. Robert Johnson, No. 46A04-0810-CV-570, the Court of Appeals affirmed the order granting Robert Johnson's motion to have Gina Johnson's judgment lien subordinated. The appellate court ruled the trial court's order didn't constitute a modification. The line of credit at the bank existed at the time the parties filed the settlement agreement, so Gina's judgment lien was subordinate to the bank's. The parties also failed to address her lien or its priority, if any, over the other liens in the settlement agreement.

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  1. Hey 2 psychs is never enough, since it is statistically unlikely that three will ever agree on anything! New study admits this pseudo science is about as scientifically valid as astrology ... done by via fortune cookie ....John Ioannidis, professor of health research and policy at Stanford University, said the study was impressive and that its results had been eagerly awaited by the scientific community. “Sadly, the picture it paints - a 64% failure rate even among papers published in the best journals in the field - is not very nice about the current status of psychological science in general, and for fields like social psychology it is just devastating,” he said. http://www.theguardian.com/science/2015/aug/27/study-delivers-bleak-verdict-on-validity-of-psychology-experiment-results

  2. Indianapolis Bar Association President John Trimble and I are on the same page, but it is a very large page with plenty of room for others to join us. As my final Res Gestae article will express in more detail in a few days, the Great Recession hastened a fundamental and permanent sea change for the global legal service profession. Every state bar is facing the same existential questions that thrust the medical profession into national healthcare reform debates. The bench, bar, and law schools must comprehensively reconsider how we define the practice of law and what it means to access justice. If the three principals of the legal service profession do not recast the vision of their roles and responsibilities soon, the marketplace will dictate those roles and responsibilities without regard for the public interests that the legal profession professes to serve.

  3. I have met some highly placed bureaucrats who vehemently disagree, Mr. Smith. This is not your father's time in America. Some ideas are just too politically incorrect too allow spoken, says those who watch over us for the good of their concept of order.

  4. Lets talk about this without forgetting that Lawyers, too, have FREEDOM OF SPEECH AND ASSOCIATION

  5. Baer filed with the U.S. Court of Appeals Seventh Circuit on April 30 2015. When will this be decided? How many more appeals does this guy have? Unbelievable this is dragging on like this.

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