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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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