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Why Summary Judgment Predicated on Defense of Contributory Negligence is Almost Impossible in Indiana

Colin E. Flora | May 25th, 2018

Today, we look at the propriety of adjudicating personal injury cases on the basis of a contributory negligence defense at summary judgment through the lens of the new decision in Gonzalez v. Ritz. We also examine the burden on a movant to establish that evidence would certainly not be admissible at trial in order to exclude it at summary judgment.

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Featured Post

Indiana Supreme Court: Evidence of Prior Alcohol Convictions Are Admissible to Support Punitive Damages Claim

Colin E. Flora | May 12th, 2017

This week we look at the final decision from long-serving Indiana Supreme Court Justice Robert Rucker, which held that evidence of prior alcohol convictions are admissible in a drunk driving case to support a claim of punitive damages. We also look briefly at two other decisions this week from the Court of Appeals of Indiana. One of those decisions held that an expert in a medical malpractice case who testifies on the applicable standard of care may be cross-examined on his personal practices. The other examined the scope of the duty to warn and affirmed a jury verdict for a passenger injured when the vehicle she was in struck a semi on the side of the road, despite the driver of the car dying and being unable to testify whether he would have taken different actions had the truck driver turned on his emergency flashers.

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