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Wednesday, April 21, 2004

Indiana Decisions - Two Supreme Court, One Court of Appeals Rulings Posted Today

Brian C. Eddington v. State of Indiana (4/20/04 IndSCt) [Criminal Law & Procedure]

Richard & Kaye Kennedy v. Guess, Inc., et al. (4/21/04 IndSCt) [Products Liability]
Shepard, Chief Justice

We consider here for the first time certain strict liability provisions in the Indiana Product Liability Act that render some distributors liable as though they had manufactured the product. The case arises from motions for summary judgment the trial court granted for two corporate defendants involved in distribution of an allegedly defective designer umbrella. We conclude the defendants did not establish that they were entitled to judgment.

On a second question of first impression, we hold that those who license their trademarks for use on products that cause injury may have negligence liability proportionate to their role in the product’s design, manufacturing, and distribution. * * *

Genuine issues of material fact exist as to whether Callanen can be deemed a manufacturer under the “principal distributor or seller” exception and also as to whether Guess can be held liable under the “apparent manufacturer” theory, thus precluding summary judgment. Therefore, we affirm in part and reverse in part, as indicated above.

Sullivan and Rucker, JJ., concur.
Dickson, J., concurs in result without separate opinion.
Boehm, J., concurs in result with separate opinion in which Dickson, J., joins.

Joshua A. Willis v. State of Indiana (4/21/04 IndCtApp) [Criminal Law & Procedure]

Posted by Marcia Oddi on April 21, 2004 01:56 PM
Posted to Indiana Decisions