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
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. IF the Right to Vote is indeed a Right, then it is a RIGHT. That is the same for ALL eligible and properly registered voters. And this is, being able to cast one's vote - until the minute before the polls close in one's assigned precinct. NOT days before by absentee ballot, and NOT 9 miles from one's house (where it might be a burden to get to in time). I personally wait until the last minute to get in line. Because you never know what happens. THAT is my right, and that is Mr. Valenti's. If it is truly so horrible to let him on school grounds (exactly how many children are harmed by those required to register, on school grounds, on election day - seriously!), then move the polling place to a different location. For ALL voters in that precinct. Problem solved.

  2. "associates are becoming more mercenary. The path to partnership has become longer and more difficult so they are chasing short-term gains like high compensation." GOOD FOR THEM! HELL THERE OUGHT TO BE A UNION!

  3. Let's be honest. A glut of lawyers out there, because law schools have overproduced them. Law schools dont care, and big law loves it. So the firms can afford to underpay them. Typical capitalist situation. Wages have grown slowly for entry level lawyers the past 25 years it seems. Just like the rest of our economy. Might as well become a welder. Oh and the big money is mostly reserved for those who can log huge hours and will cut corners to get things handled. More capitalist joy. So the answer coming from the experts is to "capitalize" more competition from nonlawyers, and robots. ie "expert systems." One even hears talk of "offshoring" some legal work. thus undercutting the workers even more. And they wonder why people have been pulling for Bernie and Trump. Hello fools, it's not just the "working class" it's the overly educated suffering too.

  4. And with a whimpering hissy fit the charade came to an end ... http://baltimore.cbslocal.com/2016/07/27/all-charges-dropped-against-all-remaining-officers-in-freddie-gray-case/ WHISTLEBLOWERS are needed more than ever in a time such as this ... when politics trump justice and emotions trump reason. Blue Lives Matter.

  5. "pedigree"? I never knew that in order to become a successful or, for that matter, a talented attorney, one needs to have come from good stock. What should raise eyebrows even more than the starting associates' pay at this firm (and ones like it) is the belief systems they subscribe to re who is and isn't "fit" to practice law with them. Incredible the arrogance that exists throughout the practice of law in this country, especially at firms like this one.

ADVERTISEMENT