Why Summary Judgment Predicated on Defense of Contributory Negligence is Almost Impossible in Indiana
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.
Indiana: What to Do When Discovering After the Statute of Limitations Expires That the Wrong Party Was Named?
This week we look at the decision in Webb v. City of Carmel and look to use of Trial Rule 15(C) for adding a new party after the statute of limitations has expired. We also discuss whether the court of appeals misapplied Indiana’s summary judgment standard in this case, wherein there is no mention whatsoever of the movants’ evidence, only a determination that the non-movant’s evidence was insufficient.
This week we discuss Walters v. JS Aviation, Inc., which reversed summary judgment against a woman who was injured when she missed a step down at an aircraft hangar that may not have been properly marked.