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Justices to hear semi worker wrongful death case

September 17, 2018

The Indiana Supreme Court granted transfer to two cases last week, including a decision that found a semi-tractor component manufacturer liable for the death of a construction worker.

In Angela Brewer v. Peterbilt Motors Co.-Paccar, Inc, 55A05-1709-CT-2168, Angela Brewer appealed the trial court’s grant of summary judgment to PACCAR Motors Co. after her husband, Rickey Brewer, was crushed by a semi-tractor trailer built by parts provided by PACCAR. Brewer argued the semi-trailer lacked necessary safety features.

The Court of Appeals reversed and remanded the trial court’s decision, finding PACCAR failed to present sufficient evidence “that its failure to include a standard rear window in its glider kit cabs was not a proximate cause of Rickey’s death.”

In Jennifer Cox, et al. v. The City of Evansville, et al., 18S-CT-447, the Supreme Court granted transfer last week and unanimously found that the doctrine of respondeat superior held the cities of Evansville and Fort Wayne legally responsible for sexual assaults committed against two women by on-duty police officers. The court granted summary judgment to both cities common-carrier theory of liability when it found “the women’s relationships with the cities do not fit within the parameters that give rise to a common-carrier duty.”

The justices denied transfer to the 17 remaining cases for the week ending September 14.

 

 

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