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Westlaw Citations
From time to time, Westlaw will feature an Indiana Court of Appeals case in its "Judicial Highlights" section, a summary of selected, significant decisions from around the United States. Westlaw, founded in 1872, has become the leading publisher of legal opinions used nationally by lawyers and judges seeking case law examples. Westlaw is a publication of Thomson/West Company of St. Paul, Minnesota. Following are the most recent cases Westlaw has cited from the Indiana Court of Appeals:
(Opinion by Judge Melissa S. May)
An assault of a carry-out restaurant patron outside the premises was not foreseeable, as required to impose on the owner a duty to take reasonable care to protect the patron, even though there were prior incidents of criminal activity in the area. There were no previous attacks on restaurant patrons, the patron was attacked by passers-by with no apparent relationship to the restaurant, the patron did not foresee the attack, and the restaurant was in a high-traffic area with police officers nearby.
(Opinion by Senior Judge George B. Hoffman, Jr.)
A client's excess insurer was not entitled to bring a legal malpractice action under the doctrine of equitable subrogation against the law firms and attorneys that defended the client in a product liability suit that resulted in a $6,300,000 settlement. Subrogation amounted to an assignment, as each operated to transfer from one person to another a cause of action against a third, and legal malpractice claims were not assignable. This was a matter of first impression.
