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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: Family of Disabled Student Who Choked to Death at School Will Have Day in Court

WP Admin | Oct 31st, 2014

This installment focuses on the Indiana Supreme Court decision in Lyons v. Richmond Community School Corporation that examined the application of fraudulent concealment and the discovery rule to the Indiana Tort Claims Act and found that the parents of a severely disabled student who was allowed to choke to death on food at her school could have their day in court.

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