Legal Opinion

Clipp v. Weaver

Indiana Court of Appeals

Decided September 22, 1982No. 4-1281A192PublishedCited by 11 opinions

1Opinion of the Court

CONOVER, Judge.

Mary Clipp, individually, and Ruth Joanne Clipp, as Administratrix of the Estate of Gerald Clipp, deceased (Clipp) appeal the Kosciusko Circuit Court’s entry of summary judgment in favor of Charles Weaver (Weaver).

We reverse.

ISSUES1

1. What standard of care does a boat operator owe to his guest?

2. Did Weaver waive the standard of care issue for failing to raise it in his answer or at the pre-trial hearing?

FACTS

On May 26, 1976, Weaver and Gerald Clipp were in Weaver’s new motorboat on Lake Wawasee. Weaver was operating the boat and Mr. Clipp was his guest. Another boat, driven by…

Also in this document: Concurrence.

2Cases cited14 opinions

  1. Podgorny v. Great Central Insurance Co.Indiana Court of Appeals · 1974
  2. Chaffin v. NicosiaIndiana Supreme Court · 1974
  3. Allied Fidelity Ins. Co. v. LambIndiana Court of Appeals · 1977
  4. Ernst v. Underwriters National Assurance Co.Indiana Court of Appeals · 1978
  5. County Council, Etc. v. Dept. of Pub. Wel., Etc.Indiana Court of Appeals · 1980

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

3Cited by11 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. Woodmar Coin Center, Inc. v. OwenIndiana Court of Appeals · 1983
  3. Clipp v. WeaverIndiana Supreme Court · 1983
  4. Jones v. American Family Mutual Insurance Co.Indiana Court of Appeals · 1986
  5. Indiana Insurance Co. v. WilliamsIndiana Court of Appeals · 1983

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

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