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Case Clips

Published by the Indiana Office of Court Services

Civil

Kempf v. Clerk of Vanderburgh Cnty., No. 82S01-1705-PL-334,__ N.E.3d __ (Ind., March 26, 2018).

March 26, 2018 Filed Under: Civil Tagged With: G. Slaughter, S. David, Supreme

A civil-judgment-creditor can garnish a cash bond held by a court clerk that a judgment-debtor has posted in an unrelated criminal matter, but those funds are available to the judgment-creditor only if the criminal court has ordered the bond released.

Davis v. Lippert Components Manufacturing, Inc., No. 20A03-1710-CT-2435,__ N.E.3d __ (Ind. Ct. App., March 13, 2018).

March 19, 2018 Filed Under: Civil Tagged With: Appeals, P. Mathias

Injured worker was not a “user” or “consumer” entitled to relief under the Indiana Product Liability Act.

Stachowski v. Estate of Radman, No. 71A05-1708-CT-1776, __ N.E.3d __ (Ind. Ct. App., March 14, 2018).

March 19, 2018 Filed Under: Civil Tagged With: Appeals, N. Vaidik

Plaintiff cannot rely on the doctrine of negligence per se to satisfy the duty element of a negligence claim.

CTB, Inc. v. Tunis, No. 17A-CT-3066, No. 49A02-1704-CT-776,__ N.E.3d __(Ind. Ct. App., March 5, 2018).

March 12, 2018 Filed Under: Civil Tagged With: Appeals, N. Vaidik

A corporation’s “principal office,” for purposes of Trial Rule 75(A)(4), is its “registered office” under Indiana’s corporation law.

Hamilton v. Steak’n Shake Operations, Inc., No. 49A02-1704-CT-776,__ N.E.3d __(Ind. Ct. App., March 7, 2018).

March 12, 2018 Filed Under: Civil Tagged With: Appeals, R. Altice

Using the Goodwin/Rogers framework, when the broad type of plaintiff is a restaurant patron who has been subjected to escalating threats and taunts and the broad type of harm is injury resulting after the encounter culminated in physical violence, the defendant restaurant had a duty to take reasonable steps to provide for patron safety once the raucous behavior came to its attention.

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Case Clips is a weekly publication of the Indiana Office of Court Services featuring appellate opinions curated by IOCS staff for Indiana judges.

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