Legal Opinion · Dissent

Paragon Family Restaurant v. Bartolini

Indiana Supreme Court

Decided December 9, 2003No. 45S03-0211-CV-608Published

1DissentShepard, C.J.

I" find myself in agreement with the unanimous panel of the Court of Appeals in concluding that the jury's verdict was contrary to the evidence. As they said in ordering a new trial: "Although the Pub failed to maintain security in the parking lot, Todd and Mattull inflicted the physical injuries on Bartolini. Their actions were spontaneous, unforeseeable, and independent criminal acts. Attributing eighty percent (80%) of a $350,000.00 damage award to the Pub for failing to maintain security in the parking lot is against the weight of the evidence and indicates that the jury was motivated by…

2Cases cited1 opinion

  1. Paragon Family Restaurant v. BartoliniIndiana Court of Appeals · 2002

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