A firearms seller is immune from a damages suit for injuries caused by another person’s misuse of a firearm, but the seller is not immune from a public nuisance claim seeking equitable relief.
Supreme
Ryan v. TCI Architects/Engineers/Contractors, Inc., No. 49S02-1704-CT-253, __ N.E.3d __ (Ind., April 26, 2017).
By entering into a contract containing language that required general contractor to assume responsibility for implementing and monitoring safety precautions and programs for all individuals working on the site, and by agreeing to designate a safety representative to supervise such implementation and monitoring, the general contractor affirmatively demonstrated an intent to assume a nondelegable duty of care toward the subcontractor.
Middleton v. State, No. 32S01-1704-PC-226, __ N.E.3d __ (Ind., April 21, 2017).
In an ineffective assistance of counsel claim, a petitioner need only show a reasonable probability that, but for counsel’s unprofessional errors, the result of the proceeding would have been different.
McKeen v. Turner, No. 53S05-1704-CT-202, __ N.E.3d __ (Ind., April 7, 2017).
Plaintiff may raise any theories of alleged malpractice during litigation following the Medical Review Panel process if (1) the proposed complaint encompasses the theories, and (2) the evidence relating to those theories was before the Medical Review Panel.
State v. Smith, No. 45S05-1611-CR-572, __ N.E.3d __ (Ind., March 28, 2017).
Defendant’s plea agreement foreclosing the possibility of sentence conversion was not altered by a subsequent statute allowing courts to modify a post-sentence conviction.