Noblesville school shooter’s parents deny responsibility
The parents of a 13-year-old boy who opened fire in a Noblesville West Middle School classroom last year say they could not foresee his actions and deny any responsibility for them.
Liability
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COA: Hardware store had no duty to shocked customer
A Crawfordsville hardware store that rented an aerial lift to a man who ultimately used it too close to some power lines did not have any duty to provide additional warnings, the Indiana Court of Appeals has ruled.
Martinsville Texas Corral liability insurance doesn’t cover complaint from DirecTV
The 7th Circuit Court of Appeals affirmed the grant of summary judgment to an insurance company against two Martinsville Texas Corral restaurants when it found the companies insurance endorsement agreement did not cover a complaint filed by DirecTV.
COA upholds grant of treble damages, denial of liability
The Indiana Court of Appeals has affirmed the award of more than $56,000 in treble damages to a senior woman deprived of a written contract by a remodeling company while also finding the men who owned the company conducting the work were not personally liable to her.
Summary judgment for former sheriff reversed after sexual assault allegations against deputy
The 7th Circuit Court of Appeals has overturned summary judgment for a former Lake County sheriff sued after a local woman alleged a sheriff’s deputy sexually assaulted her while in her home, with the court finding the woman’s respondeat superior claim against the sheriff can proceed.
California class action: Scooters a public nuisance, cause unrest
A class-action lawsuit filed in Los Angeles last week is taking aim at the rising prominence of pedestrian scooters across California, claiming the scooters’ manufacturers and distributers caused a public nuisance and civil unrest. The suit seeks to have two brands of scooters that also recently appeared on Indianapolis streets banned from the state.
Justices set aside default against Greensburg landlords
A Greensburg apartment complex and its property manager will no longer be considered in default after the Indiana Supreme Court reinstated a trial court ruling that found excusable neglect justified setting aside a default judgment.
Justices: Evansville, Fort Wayne partly liable for police sex assaults
The Indiana Supreme Court affirmed two cities were entitled to summary judgment on the common-carrier theory, but not on the issue of liability under respondeat superior’s scope-of-employment rule in a consolidated civil lawsuit involving two women who were sexually assaulted by on-duty police in Evansville and Fort Wayne.
Indiana survivor’s suit seeks to halt duck boats
An Indiana woman whose husband and three children drowned when a duck boat sank in a Missouri lake has filed a federal lawsuit in Kansas City requesting an end to the manufacture and operation of the amphibious vehicles in the U.S. and elsewhere until they are redesigned for safety.
MGM sues Vegas shooting victims in push to avoid liability
MGM Resorts International has sued hundreds of victims of the deadliest mass shooting in modern U.S. history in a bid to avoid liability for the gunfire that rained down from its Mandalay Bay casino-resort in Las Vegas. The company argues in lawsuits filed in Nevada, California, New York and other states this week and last that it has “no liability of any kind” to survivors or families of slain victims under a federal law enacted after the Sept. 11, 2001, terrorist attacks.
Judge rules against IU frat in sexual assault negligence case
A fraternity that knows or should know about prior sexual assault allegations against a member has a duty to protect social guests from sexual assault by that member, a district court judge ruled Wednesday. The ruling comes in a case involving a complaint against an Indiana fraternity accused of not protecting guests from one of its members.
Slain woman’s parents reach settlement in insurance suit
The parents of a northwestern Indiana woman who was fatally shot in 2011 have reached a settlement with an insurance company over damages in connection with the man convicted in her killing.
Supreme Court rejects questions in IU frat sex assault case
By a majority vote, the Indiana Supreme Court has declined certified questions of Indiana state law presented by a federal court concerning an Indiana University campus sexual assault case.
Judgment for podiatrist who failed to keep records affirmed
The Indiana Court of Appeals has affirmed summary judgment for a podiatrist facing a medical malpractice claim, but opined that his failure to keep adequate medical records should have been grounds to allow the claim against him to continue.
Reversal: Peterbilt as parts supplier may bear liability in fatality
The Indiana Court of Appeals has overturned summary judgment for a national motor company on a defective design claim stemming from a construction foreman’s death after finding sufficient evidence to rebut the presumption that the product in question was not defective.
Justices hear police officer sexual assault cases
Two cases from opposite ends of the state jointly came before the Indiana Supreme Court on Thursday for guidance on the same question: if a police officer sexually assaults a citizen while on duty, should municipalities be held liable for the officer’s actions as the employer?
COA upholds bar’s partial liability for hit-and-run
The Indiana Court of Appeals on Friday affirmed judgments of liability against a Lake County bar accused of overserving a patron who drove a vehicle that struck another departing customer.
Dog-bite case to proceed after COA reverses judgment for owners
A Brownsburg dog-bite case must proceed to trial after the Indiana Court of Appeals ruled Wednesday there were genuine issues of material fact as to whether the dog owners breached their duty to the man who was attacked and, thus, reversed summary judgment.
Justices: Employer’s admission limits theories of recovery
Indiana precedent does not allow both a respondeat superior and negligent hiring claim against an employer to proceed if the employer has admitted their employee was acting within the course and scope of their employment when the negligence occurred, the Indiana Supreme Court ruled in an opinion that upheld partial summary judgment for Pizza Hut.
Delegating design raises importance of construction contracts
The pressure to complete designs quickly and save money, along with the increasing complexity of mechanical systems within commercial structures, are prompting more parties in the construction project to take on design responsibilities. Contracts are key to avoiding future conflicts.