A party is strictly liable for the damage its blasting causes to neighbors and bystanders, but not to one who hires the blaster.
Supreme
Perdue Farms, Inc. v. L&B Transport, LLC, No. 24S-PL-40, __N.E.3d __ (Ind., Aug. 13, 2024).
Forum selection clause cannot be enforced against non-contracting employees for claims against them arising from the contract.
Dolsen v. VeoRide, Inc., No. 24S-PL-75, __ N.E.3d __ (Ind., July 2, 2024).
To determine premises-liability for first-responding firefighters, first the Court should determine whether the plaintiff seeks to recover for the negligence that caused the emergency. If so, the first-responder’s rule bars the plaintiff’s claim. If not, then the Court should treat the firefighter as a licensee.
Grimes v. State, No. 24S-CR-217, __ N.E.3d __ (Ind., June 26, 2024).
When a trial court postpones a criminal trial due to congestion and the defendant objects, a reviewing court applies a burden-shifting test. The test first gives deference to the trial court’s initial finding of congestion. But if the defendant presents a prima facie case that the court’s congestion finding is inaccurate, the burden shifts to the trial court to explain why its calendar required continuing the trial. If the court fails to meet its burden, the defendant is entitled to have the State’s claim against him dismissed or discharged.
Hancz-Barron v. State, No. 22S-LW-310, __ N.E.3d __ (Ind., June 26, 2024).
To recommend LWOP, the jury must (1) find the state has proved beyond a reasonable doubt that at least one statutory aggravator exists, (2) provide a special verdict form for each aggravating circumstance alleged, and (3) find that any mitigating circumstances that exist are outweighed by the aggravating circumstance or circumstances. If those three steps are satisfied and the jury recommends LWOP, the court shall sentence the defendant accordingly. Moreover, depending on the circumstances of the crime(s), consecutive life sentences for each murder victim does not render the sentence disproportionate.