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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. Excellent initiative on the part of the AG. Thankfully someone takes action against predators taking advantage of people who have already been through the wringer. Well done!

  2. Conour will never turn these funds over to his defrauded clients. He tearfully told the court, and his daughters dutifully pledged in interviews, that his first priority is to repay every dime of the money he stole from his clients. Judge Young bought it, much to the chagrin of Conour’s victims. Why would Conour need the $2,262 anyway? Taxpayers are now supporting him, paying for his housing, utilities, food, healthcare, and clothing. If Conour puts the money anywhere but in the restitution fund, he’s proved, once again, what a con artist he continues to be and that he has never had any intention of repaying his clients. Judge Young will be proven wrong... again; Conour has no remorse and the Judge is one of the many conned.

  3. Pass Legislation to require guilty defendants to pay for the costs of lab work, etc as part of court costs...

  4. The fee increase would be livable except for the 11% increase in spending at the Disciplinary Commission. The Commission should be focused on true public harm rather than going on witch hunts against lawyers who dare to criticize judges.

  5. Marijuana is safer than alcohol. AT the time the 1937 Marijuana Tax Act was enacted all major pharmaceutical companies in the US sold marijuana products. 11 Presidents of the US have smoked marijuana. Smoking it does not increase the likelihood that you will get lung cancer. There are numerous reports of canabis oil killing many kinds of incurable cancer. (See Rick Simpson's Oil on the internet or facebook).

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