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Texas Roadhouse fire suit among 4 justices take

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A lawsuit over liability for a fire that destroyed an Indianapolis steakhouse because hydrants were frozen and unusable will proceed to the Indiana Supreme Court.

Justices granted transfer in Veolia Water Indianapolis LLC, City of Indianapolis Department of Waterworks, and City of Indianapolis v. National Trust Insurance Company and FCCI Insurance Company a/s/o Ultra Steak, Inc. d/b/a Texas Roadhouse, 49S04-1301-PL-8. It was one of four cases granted transfer for the week ending Jan. 4. The transfer list may be viewed here.  

In the Texas Roadhouse case, the Indiana Court of Appeals reversed a trial court, finding that the city of Indianapolis and water company – which contracts with the city to operate the water utility – are entitled to common law immunity from a lawsuit brought by the restaurant and its insurers because of the fire. The plaintiffs argued that the frozen hydrants, which delayed firefighters’ ability to put out the fire, were a result of the hydrants not being properly closed by private parties who paid the defendants for water use.

The trial court had concluded that the commercial sale of water took the city’s and utility’s actions outside the scope of common law immunity for firefighting. The trial court also held that the insurers were third-party beneficiaries of Veolia’s contract with the city.

The justices also granted transfer to:

•    Andrew McWhorter v. State of Indiana, 33S01-1301-PC-7, in which a man convicted of involuntary manslaughter in Henry Circuit Court won a reversal from the Court of Appeals and a remand for retrial on a charge of reckless homicide;
•    Ronald G. Becker v. State of Indiana, 45S03-1301-CR-9, in which a Lake Superior Court and the Court of Appeals affirmed an order vacating a determination that Ronald Becker was entitled to relief from registering as a sexually violent predator on the Indiana Sex Offender Registry.
•    Kevin Clark v. State of Indiana, 20S05-1301-CR-10, in which the Court of Appeals affirmed admission of evidence and police testimony that led a jury to convict Kevin Clark of Class A felony attempted dealing in methamphetamine and sentence him to 45 years in prison.

Justices denied transfer in 26 cases.

 

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  1. Good riddance to this dangerous activist judge

  2. What is the one thing the Hoosier legal status quo hates more than a whistleblower? A lawyer whistleblower taking on the system man to man. That must never be rewarded, must always, always, always be punished, lest the whole rotten tree be felled.

  3. I want to post this to keep this tread alive and hope more of David's former clients might come forward. In my case, this coward of a man represented me from June 2014 for a couple of months before I fired him. I knew something was wrong when he blatantly lied about what he had advised me in my contentious and unfortunate divorce trial. His impact on the proceedings cast a very long shadow and continues to impact me after a lengthy 19 month divorce. I would join a class action suit.

  4. The dispute in LB Indiana regarding lake front property rights is typical of most beach communities along our Great Lakes. Simply put, communication to non owners when visiting the lakefront would be beneficial. The Great Lakes are designated navigational waters (including shorelines). The high-water mark signifies the area one is able to navigate. This means you can walk, run, skip, etc. along the shores. You can't however loiter, camp, sunbath in front of someones property. Informational signs may be helpful to owners and visitors. Our Great Lakes are a treasure that should be enjoyed by all. PS We should all be concerned that the Long Beach, Indiana community is on septic systems.

  5. Dear Fan, let me help you correct the title to your post. "ACLU is [Left] most of the time" will render it accurate. Just google it if you doubt that I am, err, "right" about this: "By the mid-1930s, Roger Nash Baldwin had carved out a well-established reputation as America’s foremost civil libertarian. He was, at the same time, one of the nation’s leading figures in left-of-center circles. Founder and long time director of the American Civil Liberties Union, Baldwin was a firm Popular Fronter who believed that forces on the left side of the political spectrum should unite to ward off the threat posed by right-wing aggressors and to advance progressive causes. Baldwin’s expansive civil liberties perspective, coupled with his determined belief in the need for sweeping socioeconomic change, sometimes resulted in contradictory and controversial pronouncements. That made him something of a lightning rod for those who painted the ACLU with a red brush." http://www.harvardsquarelibrary.org/biographies/roger-baldwin-2/ "[George Soros underwrites the ACLU' which It supports open borders, has rushed to the defense of suspected terrorists and their abettors, and appointed former New Left terrorist Bernardine Dohrn to its Advisory Board." http://www.discoverthenetworks.org/viewSubCategory.asp?id=1237 "The creation of non-profit law firms ushered in an era of progressive public interest firms modeled after already established like the National Association for the Advancement of Colored People ("NAACP") and the American Civil Liberties Union ("ACLU") to advance progressive causes from the environmental protection to consumer advocacy." https://en.wikipedia.org/wiki/Cause_lawyering

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