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Supreme Court takes Fireman's Rule case

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The Indiana Supreme Court granted transfer today to case involving the Indiana Fireman's Rule and whether a policeman's suit against an Indianapolis strip club is barred by the rule.
 
In Babes Showclub, Jaba Inc. and James B. Altman v. Patrick and Lisa Lair, No. 49A05-0805-CV-262, the trial court denied Babes' motion to dismiss Patrick and Lisa Lair's complaint for failure to state a claim upon which relief can be granted. The club argued the complaint should be dismissed because Patrick, a police officer, was subject to the Indiana Fireman's Rule.
 
Patrick was injured by an alleged underage patron while responding to a complaint on the club's premises, and he and his wife filed suit based on negligence and common law dram shop claims.

The Indiana Court of Appeals unanimously reversed the denial of the club's motion to dismiss the complaint, basing its decision on Woodruff v. Bowen, 136 Ind. 431, 34 N.E. 1113 (1893), in which it was decided that a landowner owes no duty to a firefighter except when committing a positive wrongful act that may result in injury. Over the years, the Fireman's Rule has been expanded to other professionals, including police officers. Because the Lairs didn't allege the club committed any positive wrongful act, their general negligence, negligent security, and common law dram shop claims are barred by the Fireman's Rule.

In granting transfer to the case, it will be the first time in 14 years the Supreme Court has revisited the Fireman's Rule. Prior to granting transfer to this case, more than a century had passed before the high court ruled on this issue in Heck v. Robey, 659 N.E.2d 498 (Ind. 1995).

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  1. Hysteria? Really Ben? Tell the young lady reported on in the link below that worrying about the sexualizing of our children is mere hysteria. Such thinking is common in the Royal Order of Jesters and other running sex vacays in Thailand or Brazil ... like Indy's Jared Fogle. Those tempted to call such concerns mere histronics need to think on this: http://www.msn.com/en-us/news/us/a-12-year-old-girl-live-streamed-her-suicide-it-took-two-weeks-for-facebook-to-take-the-video-down/ar-AAlT8ka?li=AA4ZnC&ocid=spartanntp

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  3. This is happening so much. Even in 2016.2017. I hope the father sue for civil rights violation. I hope he sue as more are doing and even without a lawyer as pro-se, he got a good one here. God bless him.

  4. JLAP and other courtiers ... Those running court systems, have most substance abuse issues. Probably self medicating to cover conscience issues arising out of acts furthering govt corruption

  5. I whole-heartedly agree with Doug Church's comment, above. Indiana lawyers were especially fortunate to benefit from Tom Pyrz' leadership and foresight at a time when there has been unprecedented change in the legal profession. Consider how dramatically computer technology and its role in the practice of law have changed over the last 25 years. The impact of the great recession of 2008 dramatically changed the composition and structure of law firms across the country. Economic pressures altered what had long been a routine, robust annual recruitment process for law students and recent law school graduates. That has, in turn, impacted law school enrollment across the country, placing upward pressure on law school tuition. The internet continues to drive significant changes in the provision of legal services in both public and private sectors. The ISBA has worked to make quality legal representation accessible and affordable for all who need it and to raise general public understanding of Indiana laws and procedures. How difficult it would have been to tackle each of these issues without Tom's leadership. Tom has set the tone for positive change at the ISBA to meet the evolving practice needs of lawyers of all backgrounds and ages. He has led the organization with vision, patience, flexibility, commitment, thoughtfulness & even humor. He will, indeed, be a tough act to follow. Thank you, Tom, for all you've done and all the energy you've invested in making the ISBA an excellent, progressive, highly responsive, all-inclusive, respectful & respected professional association during his tenure there.

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