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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. Did someone not tell people who have access to the Chevy Volts that it has a gas engine and will run just like a normal car? The batteries give the Volt approximately a 40 mile range, but after that the gas engine will propel the vehicle either directly through the transmission like any other car, or gas engine recharges the batteries depending on the conditions.

  2. Catholic, Lutheran, even the Baptists nuzzling the wolf! http://www.judicialwatch.org/press-room/press-releases/judicial-watch-documents-reveal-obama-hhs-paid-baptist-children-family-services-182129786-four-months-housing-illegal-alien-children/ YET where is the Progressivist outcry? Silent. I wonder why?

  3. Thank you, Honorable Ladies, and thank you, TIL, for this interesting interview. The most interesting question was the last one, which drew the least response. Could it be that NFP stamps are a threat to the very foundation of our common law American legal tradition, a throwback to the continental system that facilitated differing standards of justice? A throwback to Star Chamber’s protection of the landed gentry? If TIL ever again interviews this same panel, I would recommend inviting one known for voicing socio-legal dissent for the masses, maybe Welch, maybe Ogden, maybe our own John Smith? As demographics shift and our social cohesion precipitously drops, a consistent judicial core will become more and more important so that Justice and Equal Protection and Due Process are yet guiding stars. If those stars fall from our collective social horizon (and can they be seen even now through the haze of NFP opinions?) then what glue other than more NFP decisions and TRO’s and executive orders -- all backed by more and more lethally armed praetorians – will prop up our government institutions? And if and when we do arrive at such an end … will any then dare call that tyranny? Or will the cost of such dissent be too high to justify?

  4. This is easily remedied, and in a fashion that every church sacrificing incense for its 501c3 status and/or graveling for government grants should have no problem with ..... just add this statue, http://commons.wikimedia.org/wiki/File:Capitoline_she-wolf_Musei_Capitolini_MC1181.jpg entitled, "Jesus and Cousin John learn to suckle sustenance from the beloved Nanny State." Heckfire, the ACLU might even help move the statue in place then. And the art will certainly reflect our modern life, given the clergy's full-bellied willingness to accede to every whim of the new caesars. If any balk, just threaten to take away their government milk … they will quiet down straightaway, I assure you. Few, if any of them, are willing to cross the ruling elite as did the real J&J

  5. Tina has left the building.

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