elements of a negligence claim (Indiana) · Go Syfert
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elements of a negligence claim in Indiana

6 Indiana opinions name it 1 courts 1990–2026 2 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 (3)

CaseFollowedCited
Moore v. General Motors Corp., Delco Remy Div.green
insd · 1988 · cited in 2 Indiana opinions naming this issue, 1990–1997
2 sentences

1997This Court held that the trial court did not err in refusing the tendered instruction because Schenk was “entitled to introduce evidence to contest the elements of a negligence claim, even if that evidence is evidence of causation attributable to a party or parties which do not qualify as nonparties under the terms of the act.” Id. (citing Moore v. General Motors Corp., 684 F.Supp. 220, 221 (S.D.Ind.1988)).

1990Id. at 221 .

12
Jeff West v. J. Greg Allen Builder, Inc., and Princeton Homes, and Greg Allengreen
indctapp · 2017 · cited in 1 Indiana opinions naming this issue, 2026–2026
1 sentence

2026Greg Allen Builder, Inc., 92 N.E.3d 634, 643 (Ind. Ct. App. 2017) (quoting Farmers Elevator Co. of Oakville v. Hamilton, 926 N.E.2d 68 , 79 (Ind. Ct. App. 2010), trans. denied), trans. denied. [8] Both of Merchant’s claims against KSM turn on the question of whether KSM had ever owed Merchant a duty.

11
Dreaded, Inc. v. St. Paul Guardian Insurance Co.green
ind · 2009 · cited in 1 Indiana opinions naming this issue, 2015–2015
1 sentence

2015Co., 904 N.E.2d 1267, 1270 (Ind.2009). [23] The elements of a negligence claim are well known to this court.

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 (4)

CaseCitedYears
FARMERS ELEV. CO. OF OAKVILLE v. Hamilton green
indctapp · 2010
1 sentence

2026Greg Allen Builder, Inc., 92 N.E.3d 634, 643 (Ind. Ct. App. 2017) (quoting Farmers Elevator Co. of Oakville v. Hamilton, 926 N.E.2d 68 , 79 (Ind. Ct. App. 2010), trans. denied), trans. denied. [8] Both of Merchant’s claims against KSM turn on the question of whether KSM had ever owed Merchant a duty.

12026–2026
Jason and Justina Kramer v. Catholic Charities of the Diocese of Fort Wayne-South Bend, Inc. green
ind · 2015
1 sentence

2025Id. [14] At issue here is the causation element of Norman’s negligence claim.

12025–2025
Evans v. Schenk Cattle Co., Inc. green
indctapp · 1990
1 sentence

1997This Court held that the trial court did not err in refusing the tendered instruction because Schenk was “entitled to introduce evidence to contest the elements of a negligence claim, even if that evidence is evidence of causation attributable to a party or parties which do not qualify as nonparties under the terms of the act.” Id. (citing Moore v. General Motors Corp., 684 F.Supp. 220, 221 (S.D.Ind.1988)).

11997–1997
State Street Duffy's, Inc. v. Loyd green
indctapp · 1993
1 sentence

1995Id.

11995–1995

Where else courts name it

CA 64 (1992–2026) TN 35 (1999–2024) TX 34 (1995–2025) IL 17 (2015–2025) WA 14 (1993–2024) AL 14 (2001–2025) MO 13 (1983–2023) OH 11 (2005–2026) MI 10 (1978–2018) KY 8 (2017–2026) WI 8 (2001–2026) WY 7 (1989–2022) CO 7 (1992–2025) MN 7 (1985–2026) PA 7 (2000–2024) IN 6 (1990–2026) OR 6 (1999–2025) MS 6 (2008–2015) NY 5 (2007–2025) NJ 4 (2021–2025) NM 4 (2009–2025) IA 3 (1995–1999) MA 3 (2011–2022) CT 3 (1996–2009) ME 2 (1981–2015) MT 2 (2012–2014) HI 2 (1996–2013) UT 2 (2018–2025) NH 2 (1993–1993) AZ 2 (2016–2024)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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