Opinions January 13, 2025
Indiana Court of Appeals
Adrian Cardenas v. Hook-SupeRx, L.L.C. d/b/a CVS Pharmacy, et al.
24A-CT-1942
Civil tort. Reverses Marion Superior Court Judge Kurt Eisgruber’s entry of summary judgment inf favor of HookSupeRx, LLC, d/b/a CVS Pharmacy. Finds that Jeremiah Sedam was, for purposes of respondeat-superior liability, an employee of CVS at the time he attacked Adrian Cardenas. Also finds that CVS’s Service Agreement with Protos— and, by extension, CVS’s relationship with Shield and Sedam—details control by CVS over the manner in which on-duty guards were to perform their security services. Judge Elaine Brown dissents with a separate opinion. Attorneys for appellant: Richard Waples, Thomas Crooks. Attorneys for appellees: Katherine Haire, Nicholas Brunette, Joseph Zumpano, III, Christopher Pearcy.