Tuesday, December 23, 2014
Ind. Decisions - 7th Circuit decides one Indiana case today
In Carol Ann Maurer v. Speedway, LLC (ND Ind., Nuechterlein), a 10-page opinion, Judge Bauer writes:
This appeal is from a judgment entered on a jury verdict in favor of defendant-appellee, Speedway, LLC (“Speedway”). Plaintiff-appellant, Carol Ann Maurer (“Maurer”), instituted a premises liability action against Speedway in Indiana state court for personal injuries sustained when she fell outside a Speedway gas station convenience store while trying to maneuver around a retail display of windshield washer fluid. Speedway removed the case to the United States District Court for the Northern District of Indiana on the basis of diversity of citizenship. Prior to trial, the district court granted a motion in limine filed by Speedway, excluding as evidence a municipal ordinance which Maurer sought to introduce at trial in order to prove Speedway had notice that its retail display created an unreasonably dangerous condition by narrowing the adjacent walkway down to a width of 24 inches. The sole issue Maurer raises on appeal is whether the district court erroneously excluded the municipal ordinance. For the reasons set forth below, we affirm.
Posted by Marcia Oddi on December 23, 2014 12:53 PM
Posted to Ind. (7th Cir.) Decisions