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Friday, October 02, 2015

Ind. Decisions - Court of Appeals issues 1 opinion(s) today (and 4 NFP memorandum decisions)

For publication opinions today (1):

In Courtney R. Robbins v. The Trustees of Indiana University and Clarian Health Partners, Inc., a 26-page, 2-1 opinion, Judge Brown writes:

Courtney R. Robbins appeals the trial court’s grant of summary judgment in favor of the Trustees of Indiana University and Clarian Health Partners, Inc. She raises the following two issues, which we revise and restate as:
I. Whether the trial court erred in granting summary judgment in favor of the Trustees and Clarian on the issue of vicarious liability; and
II. Whether the trial court erred in granting summary judgment in favor of the Trustees on the issue of negligent hiring.
We affirm. * * *

[There is much to read in this case ..., including a lengthy footnote on p. 10 re whether the tort of invasion of privacy by public disclosure of private facts is a valid cause of action in Indiana, and a long discussion of Walgreen Co. v. Hinchy beginning on p. 12]

For the foregoing reasons, the trial court did not err in granting summary judgment in favor of the Trustees and Clarian. Affirmed.

Pyle, J., concurs.
Crone, J., concurs in part and concurs in result in part with separate opinion. [that begins, on p. 22] I fully concur in the majority’s affirmance of summary judgment in favor of Clarian and in favor of the Trustees on Robbins’s negligent hiring and intentional infliction of emotional distress claims. I would also affirm summary judgment in favor of the Trustees on Robbins’s claim for invasion of privacy by the public disclosure of private facts, but I would do so on the basis that the Trustees cannot be held vicariously liable for a nonexistent tort. Whether Indiana recognizes this tort is technically an open question, but for all practical purposes the answer is currently no.

NFP civil decisions today (0):

NFP criminal decisions today (4):

Elizabeth Benham v. State of Indiana (mem. dec.)

David Streeter v. State of Indiana (mem. dec.)

Adam McNally v. State of Indiana (mem. dec.)

Richard W. Robb, Jr. v. State of Indiana (mem. dec.)

Posted by Marcia Oddi on October 2, 2015 10:18 AM
Posted to Ind. App.Ct. Decisions