Legal Opinion

Key v. Hamilton

Indiana Court of Appeals

Decided February 28, 2012No. 48A02-1007-CT-812PublishedCited by 14 opinions

1Opinion of the Court

OPINION

YAIDIK, Judge.

Case Summary

Jacob Key, Ted J. Brown, and Sally A. Brown (collectively “the Defendants”) appeal the jury’s verdict and trial court’s judgment of $990,000 against them. They argue that the trial court erred in denying their motion for summary judgment, motion for judgment on the evidence, and motion for a directed verdict. They also argue that the trial court erred in instructing the jury on assumption of duty using the Restatement (Second) of Torts. Finding that a signaling driver may owe a duty of care to a third party motorist as a matter of law when his actions result…

Also in this document: Concurrence.

2Cases cited16 opinions

  1. Webb v. JarvisIndiana Supreme Court · 1991
  2. Dreaded, Inc. v. St. Paul Guardian Insurance Co.Indiana Supreme Court · 2009
  3. Elmer Buchta Trucking, Inc. v. StanleyIndiana Supreme Court · 2001
  4. Thiele v. Faygo Beverage, Inc.Indiana Court of Appeals · 1986
  5. Naugle v. Beech Grove City SchoolsIndiana Supreme Court · 2007

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3Cited by14 opinions

  1. Robert Lodholtz v. York Risk Services Group, IncoCourt of Appeals for the Seventh Circuit · 2015
  2. Wanda Denson v. The Estate of Delmer Dillard and Indiana Farmers Mutual Insurance CompanyIndiana Court of Appeals · 2018
  3. Sharon Handy v. P.C, Building Materials, Inc., PC Properties, Llc, David A. Stemler, and Karen L. StemlerIndiana Court of Appeals · 2014
  4. Brittney L. Romero v. Teddy Brady and Advantage Tank Lines, LLCIndiana Court of Appeals · 2014
  5. Frederick Bazeley, Jr., As Personal Representative of the Estate of Frederick T. Bazeley, III v. Robert Price and Sampson Fiberglass, Inc.Indiana Court of Appeals · 2014

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