Trial court properly held, as a matter of law, that it is not foreseeable that a patron of a bar will be criminally attacked in the parking lot and then confront his assailants, placing himself at risk of further injury.
J. Baker
J.R. v. State, No. 49A02-1704-JV-754, __ N.E.3d __ (Ind. Ct. App., Dec. 8, 2017).
Conviction of a juvenile for possession of a handgun without a license was vacated because Ind. Code 35-47-2-1 applies only to adults, and a person under the age of eighteen is not eligible for a handgun license.
Vickery v. Ardagh Glass, Inc., No. 49A02-1702-PL-330, __ N.E.3d __ (Ind. Ct. App., Oct. 13, 2017).
Litigating in a Commercial Court is not compulsory. Defendant waived challenge to Commercial Court’s personal jurisdiction by failing to file a refusal notice. Cautions attorneys and trial courts to be mindful of the notice requirements for temporary restraining orders.
Cox v. Evansville Police Dep’t., No. 82A01-1610-CT-2299, __ N.E.3d __ (Ind. Ct. App., Sept. 22, 2017).
The police department assumed a non-delegable duty of care to the victim of sexual assault by a police officer that was on duty when the sexual assault occurred and the victim had surrendered her autonomy and control to the officer.
Ind. Ins. Guaranty Assoc. v. Smith, No. 71A03-1703-CT-610, __ N.E.3d __ (Ind. Ct. App., Sept. 25, 2017).
A vehicle that has liability insurance, but was denied coverage, meets the statutory definition of uninsured motor vehicle.