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Thursday, July 30, 2009
Ind. Decisions - Two cases granted transfer July 29-30th
The Clerk's transfer list should be available sometime Friday or perhaps Monday. Meanwhile, the ILB has received notice that transfer was granted July 29th and 30th in two cases:
- Gina Johnson v. Robert Johnson - 46A04-0810-CV-570 - from the ILB's March 4th summary of the COA opinion: "More importantly, however, the parties failed to specifically address Wife’s lien or its priority, if any, over other liens in the Settlement Agreement. In fact, the Settlement Agreement did not even recognize that Wife would have a judgment lien. Such an omission occurred despite both parties having knowledge of the line of credit; its necessity for maintaining Sunset Dairy’s operations; and representation of both parties by counsel."
- Kroger Co. v. Lu Ann Plonski - 49A02-0807-CV-610 - Here is a link to the COA's April 28th opinion in Kroger's interlocutory appeal of the court's denial of its motion for summary judgment. Plonski was attached outside the Korger entrance. "Kroger argued that it did not have a duty to protect Plonski from a criminal act of a third party who was not a guest or patron of the store, that, even if it had a duty to Plonski, it did not breach that duty, and that it was not the proximate cause of Plonski's injuries."
Posted by Marcia Oddi on July 30, 2009 09:24 AM
Posted to Indiana Transfer Lists