KS&E Sports and Edward J. Ellis v. Dwayne H. Runnels

[30] I concur with the reasoning and the result reached by the majority, but I *950write separately to clarify my view of the issue. Initially, it is important to consider that to the extent Ind.Code § 34-12-3-3 operates in derogation of the common law, this court must strictly construe it. See JPMorgan Chase Bank, N.A. v. Claybridge Homeowners Ass’n, Inc., 39 N.E.3d 666, 671 (Ind.2015). When the legislature enacts a statute in derogation of common law, we presume that the legislature is aware of the common law and does not intend, to make any change beyond what is declared in express terms or by…