Legal Opinion

Cook v. Whitsell-Sherman

Indiana Supreme Court

Decided September 24, 2003No. 48S04-0211-CV-607PublishedCited by 80 opinions

1Opinion of the Court

BOEHM, Justice.

Tamara Cook's dog bit Kenneth Whit-sell-Sherman while Whitsell-Sherman was discharging his duties as a letter carrier. The liability of owners whose dogs bite mail carriers and certain other public servants is governed in Indiana by statute. We hold the effect of this statute is to render dog owners strictly liable if their dogs bite the described public servants without provocation.

We also hold Indiana Rule of Evidence 418 allows the admission into evidence of bills for actual charges for past medical treatment but does not authorize admission of written statements purporting…

2Cases cited12 opinions

  1. Elder v. FisherIndiana Supreme Court · 1966
  2. Prowell v. StateIndiana Supreme Court · 2001
  3. Gore v. People's Savings BankSupreme Court of Connecticut · 1995
  4. Montgomery Ward & Co. v. GreggIndiana Court of Appeals · 1990
  5. Stahl v. StateIndiana Supreme Court · 1997

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3Cited by80 opinions

  1. April Goodwin, Tiffany Randolph and Javon Washington v. Yeakle's Sports Bar and Grill, Inc.Indiana Supreme Court · 2016
  2. Stanley v. WalkerIndiana Supreme Court · 2009
  3. Safety National Casualty Co. v. Cinergy Corp.Indiana Court of Appeals · 2005
  4. Brenda and John Stachowski v. Estate of Daniel RadmanIndiana Court of Appeals · 2018
  5. Indiana Department of Insurance v. EverhartIndiana Supreme Court · 2012

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