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Indiana Court of Appeals Disagrees Over Effect of Admissions
Topics in Legal News |
2011/07/21 09:05
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Today, the Indiana Court of Appeals issued a memorandum decision, uncitable as authority under App. R. 65(D), in which the Court disagreed over the extent to which admissions could be used against a party in a motion for summary judgment in Clark v. Clark, Cause No. 01A02-1007-CT-759. While the decision itself cannot be used as precedent, the disagreement is informative.
In this case, a father and son traveled in a car together to the home of another person. When they arrived, the son got out of the car to help the father parallel park. The son positioned himself in front of his father's vehicle, between it and another vehicle parked in the alley. When the father's vehicle was in the appropriate position, the son signaled for the father to stop by putting his hand up. The father hit the gas pedal instead of the brake, and the son was pinned between his father's vehicle and the parked vehicle. The son sustained serious injuries to his leg. He brought suit against his father for his injuries and the father asserted the Indiana Guest Statute as an affirmative defense.
The Indiana Guest Statute provides that people with certain types of relationships, such as father-son, cannot sue each other for injuries arising out of the operation of a motor vehicle if the person is "in or upon" the vehicle at the time of the injuries. During the course of the litigation, the son sent requests for admissions to the father. Two of those requests and responses are reproduced below.
19. On September 5, 2007, at the time of the collision, Robert L. Clark, Jr. was not in the Chevrolet.
RESPONSE: At the moment of impact the plaintiff was not in the Chevrolet, whether he was a pedestrian is genuine issue for trial and therefore denied.
20. On September 5, 2007, at the time of the collision, Robert L. Clark, Jr. was not upon the Chevrolet.
RESPONSE: At the moment of impact the plaintiff was not upon the Chevrolet, whether he was a pedestrian is genuine issue for trial and therefore denied.
Based on those responses, the son moved for summary judgment. The father filed a cross-motion and the trial court granted the father's motion.
On appeal, the father argued that the admissions were not dispositive of whether the son was in or upon the vehicle at the time of his injuries because that is a legal conclusion that the Court would have to make after applying the law to the facts. The Court disagreed, holding that admissions can be directed to legal conclusions, not merely facts.
The dissent found the admissions ambiguous, because of the qualification about whether the son was a pedestrian and because there were questions concerning whether "in" and "upon" have the same generic meaning as they do as a legal term of art.
The lesson here is that requests for admissions can be powerful litigation tools and we lawyers must be careful when responding to them. You may find out that you have admitted something inadvertently.
Lesson:
1.Even a qualified response to a request for admission can count as an admission.
Brad A. Catlin
Price Waicukauski & Riley, LLC
http://www.indianalawupdate.com/entry/Indiana-Court-of-Appeals-Disagrees-Over-Effect-of-Admissions |
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Stocks mixed after biggest day in a year
Stock Market News |
2011/07/20 09:30
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Stocks are mixed in midday trading, a day after the Dow Jones industrial average had its biggest gain this year. Traders are weighing concern about the U.S. debt limit against strong earnings from Apple and a slew of new deals. Apple Inc. rose 3 percent after the company's income doubled last quarter, trumping analysts' estimates. Sales of the company's iPhones quadrupled in Asia. American Airlines' parent company, AMR Corp., rose 2.4 percent after announcing an order for 460 planes, split between Boeing and Airbus. The new planes are expected to save money on fuel. Rising fuel prices left the airline with a loss of 85 cents a share, larger than analysts expected. The airline also said it would spin off its American Eagle subsidiary. The Dow is down 10 points, or 0.1 percent, to 12,576 in midday trading. United Technologies Corp.'s dropped more than 2 percent, tugging down the Dow Jones industrial average. The S&P 500 index is down 1 point to 1,325. The Nasdaq is down 11 points, or 0.4 percent, to 2,815. Stronger profits from Coca-Cola Co. and IBM Corp. along with apparent progress in raising the U.S. debt limit prompted a stock market rally Tuesday. The Dow gained 202 points, its best day this year. Clorox rose more than 3 percent after billionaire investor Carl Icahn raised his bid for the company to $80 a share. The consumer products company rejected his previous offer. |
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Real estate website Zillow soars in IPO debut
Stock Market News |
2011/07/20 09:29
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Shares of real estate website Zillow have more than doubled in their trading debut Wednesday. It's the latest Internet company to climb sharply in its first day of trading following strong openings from jobs networking site LinkedIn, music service Pandora and Russian search engine Yandex -- although Pandora is almost unchanged from its first-day close, and Yandex trades lower than it did on the end of its first day. Zillow, founded in 2004, provides online listings for more than 100 million homes for sale and rent. The portal's "Zestimate" helps estimate property values. Investors are bidding up Zillow Inc. stock, even though the Seattle company has never posted an annual profit. Zillow priced shares for $20 per share late Tuesday, $2 more than the top of the range it had predicted Friday. In midday trading Wednesday, Zillow had risen to $38.80 after trading as high as $60 earlier in the session. That means that the value of the company has dropped from more than $1.6 billion to about $1 billion since trading began. Including a private stock sale of 275,000 shares, Zillow raised $74.7 million. It has no specific plans for the funds, saying only that it will use them for general corporate purposes. The stock is trading under the symbol "Z" on the Nasdaq exchange. |
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Court reverses conviction on online Obama threat
Court Watch |
2011/07/20 09:28
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A federal appeals court on Tuesday overturned the conviction of a man who posted Internet messages threatening Barack Obama during his 2008 presidential campaign.
A divided three-judge panel of the 9th U.S. Circuit Court of Appeals ruled that Walter Bagdasarian's violent and racist screeds against Obama were "repugnant" but not criminal. The court also said it was obvious the San Diego man wasn't planning to attack the candidate and that the postings were protected by Bagdasarian's free speech rights.
Bagdasarian was convicted in 2009 of two felony counts of threatening a major presidential candidate.
Bagdasarian posted several messages to a Yahoo Finance message board in October 2008, including one that called Obama a racial epithet and another that said "he will have a 50 cal in the head soon" — a reference to a .50 caliber gun.
A retired Air Force officer forwarded the postings to the Secret Service. Yahoo provided Bagdasarian's subscriber information to investigators, who raided his house and seized six guns and a hard drive containing an email with similar sentiments.
Bagdasarian admitted posting the messages, but said he was drunk and joking.
He waived his right to a jury trial. District Judge Marilyn L. Huff found him guilty and sentenced him to 60-days in a half-way home.
But the appeals panel said no "reasonable person" could have taken seriously Bagdasarian's posts.
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Fresno DA charges woman after deadly bus crash
Court Watch |
2011/07/20 09:27
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A woman accused of providing alcohol to a teenage driver who caused a deadly Greyhound bus crash has been charged with a misdemeanor, officials said Tuesday.
Michelle Kay Cole, 22, was charged with purchasing an alcoholic beverage for a person under 21 resulting in death, Fresno County District Attorney Elizabeth Egan said at a news conference.
Cole was cited Monday but not arrested, Egan said. She could face up to six months in jail and a $1,000 fine if convicted.
A California Highway Patrol report placed sole blame for the crash on 18-year-old Sylvia Garay. Investigators said she was drunk when her SUV hit a concrete barrier and overturned on Highway 99 on July 22, 2010.
The oncoming bus, carrying 31 passengers on a route from Los Angeles to Sacramento, struck the SUV, skidded into a concrete center divider, then tumbled down a 15-foot embankment and plowed into a eucalyptus tree shortly after 2 a.m. a few miles from downtown Fresno.
Garay, her two passengers and three people on the bus were killed. Authorities say Garay had a blood alcohol level of .11 when she died. The legal limit is .08.
The CHP report said the bus driver had no way to avoid the SUV, which was left without lights when it overturned.
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Investment Fraud Litigation |
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Securities fraud, also known as stock fraud and investment fraud, is a practice that induces investors to make purchase or sale decisions on the basis of false information, frequently resulting in losses, in violation of the securities laws. Securities Arbitration. Generally speaking, securities fraud consists of deceptive practices in the stock and commodity markets, and occurs when investors are enticed to part with their money based on untrue statements.
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The content contained on the web site has been prepared by Securities Law News as a service to the internet community and is not intended to constitute legal advice or a substitute for consultation with a licensed legal professional in a particular case. | Affordable Law Firm Website Design by Law Promo |
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