When a box opened at the bottom and injured store customer, plaintiffs’ designated evidence did not create an issue of material fact to defeat defendant’s motion for summary judgment. Plaintiffs’ res ipsa loquitur claim also failed.
C. Goff
Rotert v. Stiles, No. 21S-TR-452, __ N.E.3d __ (Ind., Oct. 8, 2021).
Statutory prohibition against restraints on marriage applies only to a devise to a spouse by will and not to other dispositions, like a trust.
Bradbury v. State, No. 21S-PC-441, __ N.E.3d __ (Ind., Oct. 1, 2021).
Trial counsel was not ineffective for stipulating that defendant’s alleged accomplice, was convicted of murder because the stipulation did not relieve the State of the burden to prove defendant’s intent. Trial counsel pursued a reasonable all-or-nothing strategy when he chose not to seek a lesser-included instruction on reckless homicide.
Reece v. Tyson Fresh Meats, Inc. No. 21S-CT-435, __ N.E.3d __ (Ind., Sept. 21, 2021).
When visual obstructions are wholly confined to the land, a landowner owes no duty to the motoring public.
Renner v. Shepard-Bazant, No. 21S-CT-138, __ N.E.3d __ (Ind., Aug. 31, 2021).
In a bench trial, a party arguing for a mitigation-of-damages jury instruction “need only point to some evidence in the record that when viewed most favorably [to the party] would suffice for a reasonable juror to decide the issue in the party’s favor.”