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.
Liability
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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.
Indiana liability system ranks 15th in nation
Across the country, business executives, senior attorneys and general counsel consistently view Indiana’s legal climate as among the best for businesses out of all 50 states.
DTCI: The Misadventures of the Traveling Employee
When analyzing the issue whether an employee was within the scope of employment for purposes of a commercial general liability policy, courts generally apply the law of the applicable state regarding agency or vicarious liability.