Legal Opinion
Benton v. City of Oakland City
Indiana Supreme Court
Decided December 29, 1999No. 26S04-9803-CV-156PublishedCited by 116 opinions
1Opinion of the Court
ON PETITION TO TRANSFER
SULLIVAN, Justice.
Attempting to rescue his drowning nephew, plaintiff Jason Wildt broke his neck when he dove into shallow water at defendant Oakland City’s beach. He appeals lower court determinations that the city owed him no duty to warn of the danger. Finding that those courts incorrectly applied the admittedly confusing precedents governing this area of the law, we hold that the city owed the plaintiff such a duty.
Background
A summary of the facts most favorable to the judgment follows. On June 12, 1994, fourteen-year-old Jason and his mother visited a lakeside…
2Cases cited43 opinions
- Pierson v. RaySupreme Court of the United States · 1967
- Webb v. JarvisIndiana Supreme Court · 1991
- Miller v. GrieselIndiana Supreme Court · 1974
- Campbell v. StateIndiana Supreme Court · 1972
- Peavler v. BD. OF COM'RS MONROE CTY.Indiana Supreme Court · 1988
38 more not listed; retrieve them via the Exa API.
3Cited by116 opinions
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- King Ex Rel. King v. Northeast Security, Inc.Indiana Supreme Court · 2003
- Peters v. ForsterIndiana Supreme Court · 2004
- Muthukumarana v. Montgomery CountyCourt of Appeals of Maryland · 2002
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