The bar owed its patrons a duty to take reasonable precautions to protect them from foreseeable criminal attacks of third parties.
First American Title Ins. Co. v. Robertson, No. 49S04-1311-PL-732, __N.E.3d __ (Ind., March 26, 2015).
Clarifies conflicting footnote on a Petition for Rehearing.
Sandleben v. State, No. 82A01-1407-CR-284 (Ind. Ct. App., Mar. 17, 2015).
Evidence defendant, “a complete stranger,” followed a girl closely in a store and took video with a small camera twice in nine months, making the girl “nervous and scared,” sufficed for a conviction of stalking; rejects claim that the taking of video was a constitutionally protected expressive activity.
Rutledge v. State, No. 85A04-1407-CR-330, __ N.E.3d __ (Ind. Ct. App., Mar. 19, 2015).
Circumstances leading to defendant’s OWI arrest amounted to a consensual encounter, but even considering the police action to have been an investigatory stop it was permitted by the Fourth Amendment and Indiana Constitution, Article I, Section 11.
Indiana Restorative Dentistry, P.C. v. Laven Insurance Agency, Inc., No. 49S05-1407-PL-491, __N.E.3d __ (Ind., March 12, 2015).
There are genuine issues of material fact regarding the existence of a special relationship between an insurance agent and the insured.