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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. Unfortunately, the court doesn't understand the difference between ebidta and adjusted ebidta as they clearly got the ruling wrong based on their misunderstanding

  2. A common refrain in the comments on this website comes from people who cannot locate attorneys willing put justice over retainers. At the same time the judiciary threatens to make pro bono work mandatory, seemingly noting the same concern. But what happens to attorneys who have the chumptzah to threatened the legal status quo in Indiana? Ask Gary Welch, ask Paul Ogden, ask me. Speak truth to power, suffer horrendously accordingly. No wonder Hoosier attorneys who want to keep in good graces merely chase the dollars ... the powers that be have no concerns as to those who are ever for sale to the highest bidder ... for those even willing to compromise for $$$ never allow either justice or constitutionality to cause them to stand up to injustice or unconstitutionality. And the bad apples in the Hoosier barrel, like this one, just keep rotting.

  3. I am one of Steele's victims and was taken for $6,000. I want my money back due to him doing nothing for me. I filed for divorce after a 16 year marriage and lost everything. My kids, my home, cars, money, pension. Every attorney I have talked to is not willing to help me. What can I do? I was told i can file a civil suit but you have to have all of Steelers info that I don't have. Of someone can please help me or tell me what info I need would be great.

  4. It would appear that news breaking on Drudge from the Hoosier state (link below) ties back to this Hoosier story from the beginning of the recent police disrespect period .... MCBA president Cassandra Bentley McNair issued the statement on behalf of the association Dec. 1. The association said it was “saddened and disappointed” by the decision not to indict Ferguson police officer Darren Wilson for shooting Michael Brown. “The MCBA does not believe this was a just outcome to this process, and is disheartened that the system we as lawyers are intended to uphold failed the African-American community in such a way,” the association stated. “This situation is not just about the death of Michael Brown, but the thousands of other African-Americans who are disproportionately targeted and killed by police officers.” http://www.thestarpress.com/story/news/local/2016/07/18/hate-cops-sign-prompts-controversy/87242664/

  5. What form or who do I talk to about a d felony which I hear is classified as a 6 now? Who do I talk to. About to get my degree and I need this to go away it's been over 7 years if that helps.

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