Legal Opinion

Darlene Perkins v. Kathy Fillio

Indiana Court of Appeals

Decided February 19, 2019No. Court of Appeals Cause 18A-PL-2278PublishedCited by 11 opinions

1Opinion of the Court

Bradford, Judge.

*1109 Case Summary

[1] When Kathy Fillio left her Salem home in 2016 to spend some time in Florida, she left it and her animals under the care of her half-brother Dennis Slate. When a goat became ill, Slate called Darlene Perkins for help. As Perkins bent over to help the ill goat, a ram headbutted her, causing her to fall and break her arm or wrist. Perkins sued Fillio for negligence, both parties moved for summary judgment on the question of liability, and the trial court entered summary judgment in favor of Fillio. The trial court reasoned that Fillio had no way of knowing that…

2Cases cited20 opinions

  1. Burrell v. MeadsIndiana Supreme Court · 1991
  2. Rhodes v. WrightIndiana Supreme Court · 2004
  3. Liberty Mutual Insurance Co. v. MetzlerIndiana Court of Appeals · 1992
  4. Doe v. BarnettIndiana Court of Appeals · 1969
  5. Ross v. LoweIndiana Supreme Court · 1993

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3Cited by11 opinions

  1. Darlene Perkins v. Kathy FillioIndiana Court of Appeals · 2020
  2. Franciscan ACO, Inc., Franciscan Alliance, Inc., and Charlotte Sweezer v. Vaughn Newman, as personal represenatative of the Estate of Virginia NewmanIndiana Court of Appeals · 2020
  3. HLH Consulting, LLC v. Burd Automotive, Inc., CB Holdings, LLC, and Christine E. Tanner f/k/a Christine E. BurdIndiana Court of Appeals · 2020
  4. Julianne Solomon, as Personal Representative of the Estate of Paul J. Martin v. Lia LindseyIndiana Court of Appeals · 2020
  5. Krieg DeVault LLP v. WGT V, LLCIndiana Court of Appeals · 2023

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