This week’s discussion recaps a handful of notable recent Indiana appellate decisions and delves into the new requirements for wrongful-death estates in Indiana dictated by the Indiana Supreme Court’s ruling in Lewis v. Toliver.
Indiana Court of Appeals: Fistfights in Parking Lot are Type of Foreseeable “Rowdy Behavior” Sufficient to Make Bar Liable for Injuries to Patrons
This week, we revisit the question of when a business owes a duty to protect patrons from injuries due to criminal acts of third-parties after the Indiana Court of Appeals held that a bar owes a duty to patrons injured by a fistfight in the parking lot after closing.
This week we look at the Indiana Supreme Court’s decision in City of Hammond v. Herman & Kittle Properties, Inc. that recognized that unconstitutional provisions in Indiana statutes are presumed severable unless that presumption is rebutted in accordance with Ind. Code § 1–1–1–8.
Indiana Supreme Court Holds that Wrongful Death Claim Does Not End With Death of Heirless Sole Beneficiary
After a brief recap of seven notable decisions from the Indiana Court of Appeals, we examine the Indiana Supreme Court’s decision in Horejs v. Milford, which held that the claims for loss of consortium by the lone beneficiary of a wrongful-death estate survive the beneficiary’s death and may be pursued by his estate as a survivor action regardless of whether he has a will or natural heirs at law.