Myers v. Crouse-Hinds Division of Cooper Industries, Inc.

MASSA, J., dissents with separate opinion in which RUSH, C.J., concurs.

The State’s Brief in Support of Rehearing raises issues worthy of more deliberative consideration, several of which were noted in dissents from the Court’s opinion, Myers v. Crouse-Hinds Div. of Cooper Indus., Inc., No. 49S00-1501-MI-35, 53 N.E.3d 1160, 1169, 2016 WL 825111, at *6, *8 (Ind. Mar. 2, 2016) (Rush, C.J., and Massa, J., dissenting with separate opinions). The Brief overlooks, however, the most compelling precedents in its favor that should'be noted sua sponte for lawyers and judges going forward.

Forty years ago,…