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Monday, June 08, 2015

Court of Appeals issued 1 additional opinion(s) last Friday (and 2 additional NFP memorandum decisions)

The following opinions are in addition to those posted here by the ILB on Friday.

Additional for publication opinions Friday, June 5 (1):

In Jake Gruber, Jill Sherman, & Jake Gruber b/n/f Jill Sherman v. YMCA of Greater Indianapolis, Ruth Lilly YMCA Outdoor Center, & Flat Rock River YMCA Resident Camp, a 9-page opinion, Chief Judge Vaidik writes:

An eleven-year-old boy was at Flat Rock River YMCA camp when a pig—which had never injured anyone or exhibited any dangerous propensities—stuck its head between the bars of its pen and grabbed the boy’s hand, causing injuries. The boy and his mother sued the camp, and the camp filed a motion for summary judgment. The trial court granted summary judgment in favor of the camp.

On appeal, the boy and his mother acknowledge the general rule that owners of domestic animals are liable only if the owner knows or has reason to know that the animal has dangerous propensities. Nevertheless, they ask us to change the standard for liability of owners of domestic animals to that of strict liability when the animal is not a cat or dog. Because Indiana Supreme Court precedent is clear that this general rule applies to all domestic animals—and not just cats and dogs—we decline their invitation to alter the standard. We therefore affirm the trial court’s entry of summary judgment in favor of the camp.

Additional NFP civil decisions Friday, June 5 (1):

In the Matter of the Civil Commitment of R.J. v. Richard L. Roudebush Veterans Affairs Medical Center (mem. dec.)

Additional NFP criminal decisions Friday, June 5 (0):

Greggory Cataldo v. State of Indiana (mem. dec.)

Posted by Marcia Oddi on June 8, 2015 01:09 PM
Posted to Ind. App.Ct. Decisions