Legal Opinion

Dale Sedam, Kim Sedam, and Bryan Norris, as co-personal representatives of the Estate of David C. Hamblin v. 2JR Pizza Enterprises, LLC doing business as Pizza Hut 013413

Indiana Supreme Court

Decided October 31, 2017No. 39S05-1703-CT-171PublishedCited by 38 opinions

1Opinion of the Court

Massa, Justice.

More than forty years ago, our Court of Appeals decided Tindall v. Enderle, 162 Ind. App. 524, 320 N.E.2d 764 (1974), and today we reaffirm its holding. When an employer admits that an employee was acting within the course and scope of his or her employment, the employer may only be held liable under the doctrine of respondeat superior, and thus the plaintiff is precluded from also bringing a negligent hiring claim in most circumstances. We therefore affirm the trial court’s partial grant of summary judgment for Pizza Hut, allowing only the negligence claim under the doctrine…

2Cases cited16 opinions

  1. Antonio Hughley v. State of Indiana, The Consolidated City of Indianapolis/Marion County, and The Indianapolis Metropolitan Police DepartmentIndiana Supreme Court · 2014
  2. Amcast Industrial Corporation and Elkhart Products Corporation v. Detrex CorporationCourt of Appeals for the Seventh Circuit · 1993
  3. INS Investigations Bureau, Inc. v. LeeIndiana Court of Appeals · 2003
  4. Tindall v. EnderleIndiana Court of Appeals · 1974
  5. Levinson v. Citizens National Bank of EvansvilleIndiana Court of Appeals · 1994

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3Cited by38 opinions

  1. Doe v. Vigo Cnty.Court of Appeals for the Seventh Circuit · 2018
  2. City of Gary, Indiana and Gary/Chicago International Airport Authority v. Auto-Owners Insurance CompanyIndiana Court of Appeals · 2018
  3. Darlene Perkins v. Kathy FillioIndiana Court of Appeals · 2019
  4. Anthony Rose v. Martin's Super Markets L.L.C., Martin's Super Markets of Elkhart East L.L.C., Martin's Super Markets of Elkhart L.L.C., and Martin's Super Markets Inc.Indiana Court of Appeals · 2019
  5. Denton v. Universal Am-Can, Ltd.Appellate Court of Illinois · 2020

33 more not listed; retrieve them via the Exa API.

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