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Sunday, December 07, 2008
Ind. Decisions - "Firm favored in work-release suit"
The Court of Appeals opinion Friday in the case of Christine Sandage and Arthur Shofner v. The Board of Commissioners of Vanderburgh Co., Indiana, et al. (see ILB summary here - 3rd case) is the subject of a story today in the Evansville Courir & Press, reported by Bryan Corbin. Some quotes:
INDIANAPOLIS — A state appeals court has sided with an Evansville parking business in a lawsuit filed in connection with the deaths of three people killed by a man on work-release in 2005.The Indiana Court of Appeals on Friday agreed with a Vanderburgh Circuit Court ruling to dismiss the lawsuit filed against Porter's Parking Area Maintenance LLC.
The suit was brought by the families of Sheena Sandage-Shofner and Alfonzo Small, who were fatally shot April 22, 2005, along with a third victim, Tara Jenkins.
The gunman, Travis Moore, then committed suicide.
Moore, who was serving time for a robbery conviction in Vanderburgh County's work-release program, was employed by Porter's Parking, cleaning parking lots. He left his third-shift job that night; and rather than returning to the county work-release complex as required, Moore broke into Sandage-Shofner's apartment on North First Avenue and shot the victims before turning the gun on himself. A fourth man, Lucas Hensley, jumped out a window and survived.
Families of two of the victims had sued the Vanderburgh County Commissioners and sheriff's department separately in federal court. They alleged that county officials were negligent in not revoking Moore's work-release privileges after Sandage-Shofner anonymously reported twice to authorities that Moore was harassing her. That federal suit was dismissed, however, and on Nov. 24, the U.S. 7th Circuit Court of Appeals in Chicago affirmed the lower court's dismissal. [See ILB summary of 7th Circuit opinion here.]
The outcome was similar Friday for the lawsuit the families brought in state court against Porter's Parking, alleging the company was negligent in its supervision of Moore. The company denied negligence, arguing it had no duty to protect third parties from criminal acts of a work-release employee acting outside the scope of employment.
The company sought to dismiss the lawsuit, the Vanderburgh County court granted that request in January, and the plaintiffs appealed.
The state appeals court judges agreed, finding no evidence that Porter's Parking was responsible for returning Moore to the county work-release complex.
Posted by Marcia Oddi on December 7, 2008 08:51 AM
Posted to Ind. App.Ct. Decisions