Bar failed to establish as a matter of law that it did not owe patron a duty to protect him from criminal activity in its parking lot; the altercation occurred immediately after the Saturday night/Sunday morning crowd had been herded out of the bar at closing time and the bar had a history of reported incidents that gave it reason to contemplate further such incidents in its own parking lot.
Civil
Dunham’s Athleisure Corp. v. Shepherd, No. 18A-PL-2892, __ N.E.3d __ (Ind. Ct. App., May 1, 2019).
Trial court improperly denied summary judgment to firearm seller because the seller is immune from liability under Ind. Code 34-12-3-3.
Freeman v. Thompson, No. 18A-SC-2718, __ N.E.3d __ (Ind. Ct. App., May 6, 2019).
Magistrate is entitled to absolute judicial immunity for her report, even if erroneously made, of attorney’s alleged possession of a firearm inside the courthouse.
Pack v. Truth Publishing Co., Inc., No. 18A-PL-1742, __ N.E.3d __ (Ind. Ct. App., April 23, 2019).
Under the Anti-SLAPP statutes, the newspaper was entitled to summary judgment; the newspaper designated prima facie evidence that the article was published to inform the community of a federal lawsuit filed against a local public school alleging the school corporation engaged in religious discrimination and the publication was taken in good faith and with a reasonable basis in law and fact.
Scales v. Warrick County Sheriff’s Department, No 18A-MI-1590, __ N.E.3d __ (Ind. Ct. App., April 17, 2019).
The investigatory records exception to disclosure under APRA does not apply to the records for a missing persons investigation.