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Thursday, March 27, 2008

Ind. Decisions - Another case granted transfer since the last list was posted

Although there was no transfer list issued last week, the ILB has just received a notice of transfer granted by the Supreme Court today. Here is the ILB summary of the COA opinion from Dec. 11, 2007:

Debra A. Barnett v. Camille Clark, Trustee of Pleasant Township - "Debra A. Barnett asserts Camelia Clark, as Pleasant Township Trustee, is vicariously liable for the sexual misconduct of her employee, Donald Clark. Barnett appeals from summary judgment for Camelia. Finding an issue of fact exists, we reverse and remand. * * *

"Like the equipment manager, Donald used his official duties to create an opportunity to be alone with the object of his sexual misconduct. Donald did more than create a pretext for being alone with Debra; he was performing his duties before and after his misconduct. Therefore, whether Donald was acting in the scope of his employment is an issue of fact, and it was error to grant summary judgment for Camelia. Reversed and remanded."

Posted by Marcia Oddi on March 27, 2008 06:30 PM
Posted to Indiana Transfer Lists