Continuity of ownership is necessary for the de-facto-merger and mere-continuation exceptions to apply to the buyer acquiring the seller’s assets, but not its liabilities.
Civil
Colvin v. Taylor, No. 21A-MF-3, __ N.E.3d __ (Ind. Ct. App., April 15, 2021).
Court could grant immediate possession of property because Indiana’s moratorium on evictions and foreclosures due to COVID-19 is no longer in effect.
Poppe v. Angell Enterprises, Inc., No. 20A-CT-2211, __ N.E.3d __ (Ind. Ct. App., April 19, 2021).
Summary judgment was properly granted for property owner when grocery shoppers were injured by an intoxicated driver in the parking lot; it was not a condition on the premises that caused the plaintiffs to be injured but a random criminal act that property owner could not have prevented.
Branscomb v. Wal-mart Stores East, L.P., No. 20S-CQ-515, __ N.E.3d __ (Ind., April 7, 2021).
Store manager cannot be held liable for negligence when he is not directly involved in the accident at issue.
Riddle v. Khan, No. 20A-PL-1441, __ N.E.3d __ (Ind. Ct. App., April 5, 2021).
Doctors, who treated children while they were in the custody of DCS, did not act under color of state law for purposes of a §1983 action.