For a premises liability claim regarding a headbutting ram, trial court erred in granting summary judgment because it is a genuine issue of material fact as to whether rams are dangerous as a class of animals and, if so, a genuine issue as to whether Defendant took reasonable measures to prevent the ram from causing harm to invitees.
Civil
Horejs v. Milford, No. 19S-CT-97, __ N.E.3d __ (Ind., Feb. 21, 2019).
Husband’s claim for survivor damages did not abate upon his death and was not dependent on the existence of an heir.
Nicholson v. Lee, No.18A-CR-1371, __ N.E.3d __ (Ind. Ct. App., Feb. 14, 2019).
Gun owner was shielded from liability for failing to safely store and keep gun when the gun is procured by a crime and then later used to commit another crime.
In re Ma.H, No. 18A-JT-1296, __ N.E.3d __ (Ind. Ct. App., Feb. 18, 2019).
The requirement that Father admit molesting child to complete sex offender treatment violates Father’s Fifth Amendment right against self-incrimination; the trial court’s reliance on his refusal to so admit as proof that his parental rights should be terminated violates his Fourteenth Amendment right to due process.
Linares v. El Tacarajo, No. 18A-CT-276, __ N.E.3d __ (Ind. Ct. App., Feb. 8, 2019).
Using the Goodwin foreseeability analysis, an automobile salvage business did not have a duty to a patron of a mobile food truck serving food in its parking lot that exploded and caused injury to the patron.