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.
Appeals
Kelp v. State, No. 18A-CR-1719, __ N.E.3d __ (Ind. Ct. App., Feb. 14, 2019).
Special Probation Rule 12 that prohibits a person convicted of child exploitation and possession of child pornography from visiting businesses that sell sexual devices or aids is unfairly broad as it could extend to drug stores.
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.
Easler v. State, No.18A-CR-1371, __ N.E.3d __ (Ind. Ct. App., Feb. 8, 2019
The trial court properly denied defendant’s request to question a juror after the member divulged information relevant for voir dire. Defendant was convicted by a fair and impartial jury; juror disclosed relevant information voluntarily at her earliest opportunity and then assured the parties that she could still be a juror.