Christian Sandage and Arthur Shofner, individually and as personal representative of the supervised estate of Sheena Sandage-Shofner, deceased, and Christine Sandage, individually and as personal representative of the supervised estate of Alfonzo Small, deceased, (collectively, “Appellants”) appeal the trial court’s grant of summary judgment to Porter’s Parking Area Maintenance, LLC (“Porter’s Parking”). The Appellants raise three issues, which we consolidate and restate as whether the trial court erred by granting the motion for summary judgment filed by Porter’s Parking.
Conclusion (slip op. at 13): We affirm the trial court’s grant of the motion for summary judgment filed by Porter’s Parking.
Key Analysis (slip op. at 11, 13): The victims in this case were not reasonably foreseeable victims who were injured by a reasonably foreseeable harm. Thus, as a matter of law, Porter’s Parking did not have a duty of care to Sandage-Shofner, Small, and Jenkins . . . We conclude that Moore’s murderous acts did not fall with the scope of his employment with Porter’s Parking, and thus that Porter’s Parking is not vicariously liable under the doctrine of respondeat superior.
DisclaimerADVERTISING MATERIAL www.boselaw.com/disclaimer
- Amish Litigants Forced to Honor Agreement
- Indiana Appellate Civil Case Law Summary (May 2012)
- U.S. Supreme Court Strikes Down FCC’s Indecency Determinations Against Fox And ABC
- Indiana Appellate Civil Case Law Summary (February 2012)
- Extraordinary Stay Against Newspaper Publication Should Raise Concern
- absolute privilege Advertising Injury Alternative Fee amish anonymous speech Antitrust Appeals Boehm Censorship CERCLA Class Actions Commercial Lines Policy Communications Law Defamation Discovery discovery tools Duty to Defend environmental cleanup FCC First Amendment Free Speech Indecency Indiana indiana court of appeals Indiana Supreme Court Internet Law Journalist's Privilege Justice Life Insurance Media Law Newsgathering objections public utility religious Res Judicata Sevnth Circuit sewer district Shepard Technology United States Supreme Court