unexcused or unjustified violation (Indiana) · Go Syfert
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unexcused or unjustified violation in Indiana

27 Indiana opinions name it 2 courts 1988–2019 0 in the last five years

The cases below were cited by Indiana courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (10)

CaseFollowedCited
Town of Montezuma v. Downsgreen
indctapp · 1997 · cited in 8 Indiana opinions naming this issue, 1998–2019
2 sentences

2019Co. v. Douglas, 808 N.E.2d 690, 704 (Ind. Ct. App. 2004), trans. denied (citing Town of Montezuma v. Downs, 685 N.E.2d 108, 112 (Ind. Ct. App. 1997), trans. denied).

2009“An unexcused or unjustified violation of a duty dictated by a statute is negligence per se.” Town of Montezuma v. Downs, 685 N.E.2d 108, 112 (Ind.Ct.App.1997).

78
Plesha v. Edmonds Ex Rel. Edmondsgreen
indctapp · 1999 · cited in 4 Indiana opinions naming this issue, 2002–2012
2 sentences

2012Edmonds, 717 N.E.2d 981, 986 (Ind.Ct.App.1999), trans. denied (2000).

2011Edmonds, 717 N.E.2d 981, 986 (Ind.Ct.App.1999) (stating that the unexcused or unjustified violation of a duty prescribed by statute constitutes negligence per se if the statute is intended to protect the class of persons in which the plaintiff is included and to protect against the risk of the type of harm which has occurred as a result of its violation), trans. denied.

34
French v. Bristol-Myers Co.green
indctapp · 1991 · cited in 3 Indiana opinions naming this issue, 1994–1999
2 sentences

1999French v. Bristol Myers Co., 574 N.E.2d 940, 943 (Ind.Ct.App.1991), trans. denied.

1995French v. Bristol Myers Corp. (1991), Ind.App., 574 N.E.2d 940, 943 , trans. denied.

23
American United Life Insurance Co. v. Douglasgreen
indctapp · 2004 · cited in 1 Indiana opinions naming this issue, 2019–2019
1 sentence

2019Co. v. Douglas, 808 N.E.2d 690, 704 (Ind. Ct. App. 2004), trans. denied (citing Town of Montezuma v. Downs, 685 N.E.2d 108, 112 (Ind. Ct. App. 1997), trans. denied).

11
Indian Trucking v. Harbergreen
indctapp · 2001 · cited in 1 Indiana opinions naming this issue, 2017–2017
1 sentence

2017In fact, this court has rejected such a rigid application, explaining that “[u]nder Indiana law, an unexcused or unjustified violation of a duty dictated by statute is negligence per se.” Indian Trucking v. Harber, 752 N.E.2d 168, 172 (Ind. Ct. App. 2001) (emphasis added).

11
City of Fort Wayne v. Katie Parrishgreen
indctapp · 2015 · cited in 1 Indiana opinions naming this issue, 2016–2016
1 sentence

2016See City of Fort Wayne v. Parrish, 32 N.E.3d 275, 277 (Ind.Ct.App.2015), trans. denied.

11
Price v. Kuchaesgreen
indctapp · 2011 · cited in 1 Indiana opinions naming this issue, 2015–2015
1 sentence

2015Price v. Kuchaes, 950 N.E.2d 1218, 1234 (Ind.Ct.App.2011) (citing Plesha v. Edmonds ex rel.

11
Lachenman v. Sticegreen
indctapp · 2005 · cited in 1 Indiana opinions naming this issue, 2006–2006
1 sentence

2006See Lachenman, v. Stice, 838 N.E.2d 451, 461 (Ind.Ct.App.2005), trans. denied (“The unexcused or unjustified violation of a duty prescribed by a statute or ordinance constitutes negligence per se if the statute or ordinance is intended to protect the class of persons in which the plaintiff is included and the statute or ordinance is intended to protect against the risk of the type of harm which has occurred as a result of its violation.”).

11
Lever Bros. Co. v. Langdocgreen
indctapp · 1995 · cited in 1 Indiana opinions naming this issue, 2000–2000
1 sentence

2000Co. v. Langdoc, 655 N.E.2d 577, 580 (Ind.Ct.App.1996) (emphasis added).

11
Inland Steel v. Pequignotgreen
indctapp · 1993 · cited in 1 Indiana opinions naming this issue, 1997–1997
2 sentences

1997Inland Steel v. Pequignot, 608 N.E.2d 1378, 1383 (Ind.Ct.App.1993), trans. denied.

1997Inland Steel v. Pequignot, 608 N.E.2d 1378, 1383 (Ind.Ct.App.1993), trans. denied.

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Indiana. Read the followed side critically anyway.

Also cited on this issue (5)

CaseCitedYears
Hodge v. Nor-Cen, Inc. green
indctapp · 1988
2 sentences

2003In noting that the unexcused or unjustified violation of a duty prescribed by statute or ordinance constitutes negligence per se, the court observed that "[the same is not true of an administrative regulation, the violation of which has been held to be only evidence of negligence." Id. at 1160 n. 3.

2003Hodge, 527 N.E.2d at 1160 .

21990–2003
Funston v. School Town of Munster green
ind · 2006
1 sentence

2018Id. [18] Negligence per se is the unexcused or unjustified violation of a duty prescribed by statute where the statute is intended to protect the class of persons in which the plaintiff is included and to protect against the type of harm which has occurred as a result of the violation.

12018–2018
Richard Brown and Janet Brown v. City of Valparaiso, Indiana green
indctapp · 2016
2 sentences

2018However, it should be noted that "not every statute creates an implied right of action, and a claim of negligence per se depends on a determination of legislative intent to make a defendant liable in tort." Id. at 660 .

2018Accordingly, the Trust contends that the trial court erred in concluding otherwise. [16] "[N]egligence per se is the unexcused or unjustified violation of a duty prescribed by statute." Brown v. City of Valparaiso , 67 N.E.3d 652 , 656 (Ind. Ct. App. 2016).

12018–2018
Rubin v. Johnson green
indctapp · 1990
1 sentence

1991Rubin v. Johnson (1990), Ind.App., 550 N.E.2d 324 , trans. denied.

11991–1991
Ray v. Goldsmith green
indctapp · 1980
2 sentences

1988Finally, the unexcused or unjustified violation of a duty prescribed by statute or ordinance constitutes negligence per se if the statute is intended to protect the class of persons in which plaintiff is included and against the risk of the type of harm which has occurred as a result of its violation. 3 Ray v. Goldsmith (1980), Ind.App., 400 N.E.2d 176 .

1988Finally, the unexcused or unjustified violation of a duty prescribed by statute or ordinance constitutes negligence per se if the statute is intended to protect the class of persons in which plaintiff is included and against the risk of the type of harm which has occurred as a result of its violation. [3] Ray v. Goldsmith (1980), Ind. App., 400 N.E.2d 176 .

11988–1988

Statutes the citing opinions construe

IN § Ind. Code § 34-13-3-3 (3)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

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