Hammond defendant (Indiana) · Go Syfert
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Hammond defendant in Indiana

6 Indiana opinions name it 1 courts 1999–2014 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 (6)

CaseFollowedCited
United States Auto Club, Inc. v. Smithgreen
indctapp · 1999 · cited in 1 Indiana opinions naming this issue, 2014–2014
1 sentence

2014On appeal, we stated that “[a]lthough the third sentence of the release uses the word indemnity, it is not solely an indemnity clause and it clearly indicated that Plys will ‘hold harmless’ the Hammond defendants.” Id. at 4 ; see also U.S. Auto Club, Inc. v. Smith, 717 N.E.2d 919, 923 (Ind. Ct. App. 1999) (holding that a provision requiring plaintiff to “indemnify and hold harmless [the defendants] from loss, liability damage or cost they may incur due to the presence of the undersigned in or upon the restricted area, whether caused by the negligence of [the defendants] or otherwise” prevented

11
Burrell v. Meadsgreen
ind · 1991 · cited in 1 Indiana opinions naming this issue, 2011–2011
1 sentence

2011See id. at 643 . 3 .

11
Morris v. McDonald's Corp.green
indctapp · 1995 · cited in 1 Indiana opinions naming this issue, 2008–2008
2 sentences

2008See Morris v. McDonald’s Corp., 650 N.E.2d 1219, 1222 (Ind.Ct.App.1995). “[A]n an indemnity clause covers the risk of harm sustained by third persons that might be caused by either the indemnitor or the indemnitee” and shifts the burden to the indemnitor. 2 Id.

2008See Morris v. McDonald’s Corp., 650 N.E.2d 1219, 1222 (Ind.Ct.App.1995). “[A]n an indemnity clause covers the risk of harm sustained by third persons that might be caused by either the indemnitor or the indemnitee” and shifts the burden to the indemnitor. 2 Id.

11
City of Terre Haute v. Simpsongreen
indctapp · 2001 · cited in 1 Indiana opinions naming this issue, 2003–2003
1 sentence

2003See Simpson, 746 N.E.2d at 363 .

11
Peavler v. BD. OF COM'RS MONROE CTY.green
ind · 1988 · cited in 1 Indiana opinions naming this issue, 1999–1999
2 sentences

1999Peavler v. Board of Commissioners of Monroe County, 528 N.E.2d 40, 46 (Ind.1988).

1999Peavler v. Board of Commissioners of Monroe County, 528 N.E.2d 40, 46 (Ind.1988).

11
Hinshaw v. Board of Com'rs of Jay Countygreen
ind · 1993 · cited in 1 Indiana opinions naming this issue, 1999–1999
2 sentences

1999In Hinshaw v. Board of Commissioners of Jay County, 611 N.E.2d 637, 640-641 (Ind. 1993), the supreme court held that the language of this subsection was ambiguous, and that immunity under this subsection applied in actions where the plaintiff sought to impose vicarious liability upon the government because of third party conduct.

1999In Hinshaw v. Board of Commissioners of Jay County, 611 N.E.2d 637, 640-641 (Ind.1993), the supreme court held that the language of this subsection was ambiguous, and that immunity under this subsection applied in actions where the plaintiff sought to impose vicarious liability upon the government because of third party conduct.

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
City of Hammond v. Plys green
indctapp · 2008
1 sentence

2014On appeal, we stated that “[a]lthough the third sentence of the release uses the word indemnity, it is not solely an indemnity clause and it clearly indicated that Plys will ‘hold harmless’ the Hammond defendants.” Id. at 4 ; see also U.S. Auto Club, Inc. v. Smith, 717 N.E.2d 919, 923 (Ind. Ct. App. 1999) (holding that a provision requiring plaintiff to “indemnify and hold harmless [the defendants] from loss, liability damage or cost they may incur due to the presence of the undersigned in or upon the restricted area, whether caused by the negligence of [the defendants] or otherwise” prevented

12014–2014
Beck v. City of Evansville green
indctapp · 2006
1 sentence

2011Farley and Paul did not appeal that decision. [3] HSD cites to Beck v. City of Evansville, 842 N.E.2d 856 (Ind.Ct.App.2006), trans. denied, but that case is distinguishable.

12011–2011
Avant v. Community Hospital green
indctapp · 2005
1 sentence

2008Id.

12008–2008
Moore Heating & Plumbing, Inc. v. Huber green
indctapp · 1991
1 sentence

2008The trial court seemed to rely only on the first part of the release, which states that Plys “assumes the risk” and holds the Hammond defendants “harmless from any and all loss, claim, injury, damage, or liability sustained or incurred by me resulting therefrom.” Id. at 25 .

12008–2008
Greathouse v. Armstrong green
ind · 1993
2 sentences

1999In Greathouse v. Armstrong, 616 N.E.2d 364 (Ind.1993), our supreme court first discussed what has been labeled the public duty/private duty dichotomy.

1999In Greathouse v. Armstrong, 616 N.E.2d 364 (Ind.1993), our supreme court first discussed what has been labeled the public duty/private duty dichotomy.

11999–1999

Statutes the citing opinions construe

IN § Ind. Code § 34-13-3-3 (4)

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.

Where else courts name it

AL 27 (1987–2016) IN 6 (1999–2014) KY 5 (2019–2025) GA 4 (1995–2020) AK 3 (2016–2018) OR 3 (1993–2022) MI 2 (2023–2023) DE 2 (1989–1992)

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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