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Tuesday, May 19, 2015

Ind. Decisions - Court of Appeals issues 1 opinion(s) today (and 6 NFP memorandum decisions)

For publication opinions today (1):

In City of Fort Wayne v. Katie Parrish, an 11-page opinion, Judge Pyle writs:

Appellant/Defendant, City of Fort Wayne (“the City”), files an interlocutory appeal of the trial court’s grant of Appellee/Plaintiff, Katie Parrish’s (“Parrish”), motion in limine seeking to exclude evidence from her personal injury/tort claim trial regarding the fact that she was not wearing a seatbelt when a car in which she was a passenger was involved in an automobile accident.

On appeal, the City argues that the trial court abused its discretion when it granted Parrish’s motion because evidence that she was not wearing a seatbelt when she was involved in an accident involving a Fort Wayne police officer was admissible to prove that she was guilty of contributory negligence for her injuries. In support of this argument, the City claims that Parrish was negligent per se for violating Indiana’s mandatory passenger restraint act (“Seatbelt Act”). In response, Parrish argues that a violation of the Seatbelt Act cannot be used as evidence to prove fault under a theory of contributory negligence.

Because we conclude that the Indiana Legislature did not clearly intend to deviate from common law when it enacted the Seatbelt Act, we agree that a violation of the Seatbelt Act may not be used to prove contributory negligence, and therefore the trial court did not abuse its discretion when it granted Parrish’s motion in limine.

NFP civil decisions today (3):

In re the Marriage of: John Mikicich v. Claudia Mikicich (mem. dec.)

In the Matter of the Commitment of A.A. v. Indiana University Health Bloomington Hospital (mem. dec.)

In the Matter of the Termination of the Parent-Child Relationship of, J.H. (minor child), and K.T. (father) v. The Indiana Department of Child Services (mem. dec.)

NFP criminal decisions today (3):

Lorie Bohannon v. State of Indiana (mem. dec.)

Angela Cash-Hilyard v. State of Indiana (mem. dec.)

Thomas J. Mure v. State of Indiana (mem. dec.)

Posted by Marcia Oddi on May 19, 2015 01:57 PM
Posted to Ind. App.Ct. Decisions