ILNews

Supreme Court grants 2 transfers

Back to TopE-mailPrintBookmark and Share

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.

ADVERTISEMENT

Sponsored by

facebook - twitter on Facebook & Twitter

Indiana State Bar Association

Indianapolis Bar Association

Evansville Bar Association

Allen County Bar Association

Indiana Lawyer on Facebook

facebook
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. I was wondering about the 6 million put aside for common attorney fees?does that mean that if you are a plaintiff your attorney fees will be partially covered?

  2. My situation was hopeless me and my husband was on the verge of divorce. I was in a awful state and felt that I was not able to cope with life any longer. I found out about this great spell caster drlawrencespelltemple@hotmail.com and tried him. Well, he did return and now we are doing well again, more than ever before. Thank you so much Drlawrencespelltemple@hotmail.comi will forever be grateful to you Drlawrencespelltemple@hotmail.com

  3. I expressed my thought in the title, long as it was. I am shocked that there is ever immunity from accountability for ANY Government agency. That appears to violate every principle in the US Constitution, which exists to limit Government power and to ensure Government accountability. I don't know how many cases of legitimate child abuse exist, but in the few cases in which I knew the people involved, in every example an anonymous caller used DCS as their personal weapon to strike at innocent people over trivial disagreements that had no connection with any facts. Given that the system is vulnerable to abuse, and given the extreme harm any action by DCS causes to families, I would assume any degree of failure to comply with the smallest infraction of personal rights would result in mandatory review. Even one day of parent-child separation in the absence of reasonable cause for a felony arrest should result in severe penalties to those involved in the action. It appears to me, that like all bureaucracies, DCS is prone to interpret every case as legitimate. This is not an accusation against DCS. It is a statement about the nature of bureaucracies, and the need for ADDED scrutiny of all bureaucratic actions. Frankly, I question the constitutionality of bureaucracies in general, because their power is delegated, and therefore unaccountable. No Government action can be unaccountable if we want to avoid its eventual degeneration into irrelevance and lawlessness, and the law of the jungle. Our Constitution is the source of all Government power, and it is the contract that legitimizes all Government power. To the extent that its various protections against intrusion are set aside, so is the power afforded by that contract. Eventually overstepping the limits of power eliminates that power, as a law of nature. Even total tyranny eventually crumbles to nothing.

  4. Being dedicated to a genre keeps it alive until the masses catch up to the "trend." Kent and Bill are keepin' it LIVE!! Thank you gentlemen..you know your JAZZ.

  5. Hemp has very little THC which is needed to kill cancer cells! Growing cannabis plants for THC inside a hemp field will not work...where is the fear? From not really knowing about Cannabis and Hemp or just not listening to the people teaching you through testimonies and packets of info over the last few years! Wake up Hoosier law makers!

ADVERTISEMENT