Indiana Court of Appeals Allows Claim Against School for Off-Campus Death of Student to Proceed to Trial
This week we examine the decision Murray v. Indianapolis Public Schools, which allowed claims against a school for the off-campus death of a student. We also briefly discuss two other interesting decisions from the Indiana Court of Appeals, which were handed down this week.
Indiana Supreme Court: Sexual Assault by Police Officer May be Within Scope of Employment Thereby Exposing Department to Liability
In this post, we revisit our discussion from December 1, 2017 of Cox v. Evansville Police Department after the Indiana Supreme Court granted transfer and held that the common-carrier exception does not apply to sexual assaults by on-duty police officers but that such attacks may be sufficiently within the scope of employment that the general doctrine of respondeat superior provides liability for police departments.
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.