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COA: Tenant Does Not Have Obligation To Indemnify Landlord
Scott Roberts for www.theindianalawyer.com
The Indiana Court of Appeals ruled a tenant did not have to indemnify a landlord against a woman’s personal injury claims after she filed suit against both of them.
Angelica Magallanes was injured after she tripped over a rod sticking out a of a cement bumper in the parking lot of BC Osaka restaurant in Merrillville. She filed an amended complaint against BC Osaka and City Inn, the tenants, and Kainan Investment Groups Inc., the landlord, claiming they owed a duty of care to her.
Shortly after Magallanes’ filing, Kainan filed a cross-claim against City Inn, alleging the tenant owed them a contractual obligation to hold harmless and indemnify Kainan against the claims. After a hearing, the trial court granted Kainan’s cross-claim, and City Inn appealed.
In a decision written by Judge Paul Mathias, the COA did a two-step analysis to determine if the tenant had accepted indemnification. The COA ruled negligence is an area in which City Inn agreed to indemnify the landlord, but the lease agreement does not specify whether that indemnification extends to the landlord’s own negligence.
The Kainan as landlord reserved the right to control and maintain the parking areas at the restaurant, according to the lease agreement, and establish rules related to its use. “At the very least, these provisions create an issue of material fact as to whether Tenant had full control and possession of the leased premises. As such, the issue of Landlord’s liability to Magallanes should not be disposed of on summary judgment,†Mathias wrote.
The court reversed the trial court’s decision and remanded it for further proceedings.
The case is BC Osaka, Inc. and City Inn, Inc. v. Kainan Investment Groups, Inc., 45A03-1510-CT-1587
Guns, Control, Obama, and Orlando
Guns, Control, Obama, and Orlando
By Richard Moss, MD
It is the habit of the left to seek greater control, always, of course, for the public good. It further has the tendency to use catastrophic events to push through unwise legislation, even as the ruins are still smoldering.
But this latest crisis should have nothing to do with new gun control initiatives but rather an analysis of government ineptitude combined with an unavoidable reality, which is the existence of evil, and evil individuals that commit atrocities. In this case an Islamic terrorist, a Jihadist, acting in the name of his religion and his God, under the auspices of ISIS, the Islamic State, as occurred in a bar in Orlando.
In the aftermath of the mass killing, President Obama, the Democratic Party, the left, and their patrons in the media, even while the bodies were still warm, sought to politicize the event, exploiting the powerful emotions at work, not to heal or enlighten, or unify the nation, but to advance an agenda, and chip away at the Constitution. Obama used the opportunity to speak of gun control but not border control or terrorist control or importing Syrian refugees, many of them sympathetic to ISIS, or the evisceration of our military, or their tepid rules of engagement. Nor did he mention “gun-free zones,†which become kill zones like the bar in Orlando. He spoke of taking away the rights of law abiding American citizens and lectured us about the need for “soul searching,†even as 49 American bodies were being carted away.
But this was a failure not of the American people or the Constitution but of Obama and his administration that helped create ISIS and the refugee crisis by abandoning an Iraq already secured by American blood and treasure. Obama and the left have also promoted the cancer of political correctness, of censorship and totalitarian thought control, to metastasize throughout the executive branch, the FBI, CIA, and the military, our schools, colleges, courts, and police, the media, entertainment, and Hollywood, the deliberate inculcation of Sharia or Islamic law that prevents meaningful discussion and criticism of Islam, its beliefs, values, and lack of reform in over 1400 years. Such censorship imposed by Obama has made it impossible to properly track and intervene before Muslim terrorists act such as occurred in Orlando, San Bernardino, Fort Hood, and elsewhere or to monitor radical Mosques. Instead of scolding law abiding Americans, he should have examined his policies, which have led to so much death and destruction.
The effort to polemicize the issue though is predictable, for the left is uncomfortable, not necessarily with guns but who has them, which is to say, the individual or the state. The left holds that the ability to inflict violence is the province of the state; individuals with the capacity to defend themselves crosses a line for them, for such awesome power outside the state is anathema, incompatible with leftist ideology and DNA.
The target of the left is ultimately the Constitution itself, the Bill of Rights or much of it, and specifically here, the Second Amendment. The left is uncomfortable with centers of power outside the sphere of government; as the left is hostile toward the church and family, two bedrock institutions of the civil society that exist apart from government; so, too, the left bears unbridled disdain for gun owners who may exercise power beyond the realm of the state, the power to inflict violence if necessary in their own self defense. Power for the left must be concentrated in a central government and its deputies, not disseminated through the civil society, where the state does not tread.
But this right is inalienable as is the right to life, for if our lives are threatened than the right to defend our lives is required by our Declaration of Independence, hence the right to bear arms as encoded in the Constitution through the Second Amendment. The two are necessary complements and intertwined, the right to life and the right to defend one’s life. For what good is the right to life and liberty if you cannot defend it against those who would take it from you including criminals, terrorists, and a despotic government.
The Second Amendment is critical to any understanding of the nation and its founding spirit. It exists because of the value placed by the framers on life and individual sovereignty. It was also seen as a bulwark against tyranny, of an all-powerful, central government, a grave concern for the founders who had just fought a war against tyranny in the form of the British Crown. It is consistent with a society that embraces autonomy and freedom and rejects coercive state power as well as threats to life and property. History has also shown us regimes that enjoyed a monopoly on firearms, and they have been its most violent and brutal.
If the left was serious about controlling gun violence, they would secure our southern border, stop importing refugees from Syria, stop releasing violent felons and criminal illegal aliens into our streets, or terrorists from Guantanamo. They would end sanctuary cities and not appoint “catch and release†judges that are soft on crime. They would stop left wing politicians from destroying our inner cities where most gun violence occurs.
They would halt immigration from Islamic nations until such time that Islam has undergone critical self-examination or, as Obama would call it, “soul searching†and meaningful change. They would monitor potential Muslim terrorists and intercede before they act and surveil radical Mosques and organizations. And they would call radical Islamic terror by its name instead of wishing it away.
We must defend our Constitution and our 2nd Amendment. I thank God I live in a country where I can protect my loved ones and myself.
Brief Bio: Richard Moss MD is a practicing Ear Nose and Throat Surgeon, author, and columnist who resides in Jasper IN. He recently lost his bid for the Republican nomination for Congress in Indiana’s 8th district. Find more of his essays and blog posts at exodusmd.com. Also find him on Facebook, Twitter, YouTube, and Instagram.
YESTERYEAR: Kay the Elephant
Kay the Elephant seems to be expressing her displeasure at the stifling heat that permeates the Tri-State each summer. The pachyderm was a longtime resident of Mesker Park Zoo, as well as perhaps its most popular attraction. The zoo had been founded in 1928 after the city accepted an offer of two lions, who were housed in a small cage in Mesker Park across the street from the present zoo grounds. On June 14, 1929, Kay was introduced to local residents in one of the most spectacular parades ever held in Evansville, and she quickly endeared herself to zoo visitors. Kay left Mesker in 1954, and was replaced by Bunny the Elephant later that year.
FOOTNOTES: We want to thank Patricia Sides, Archivist of Willard Library for contributing this picture that shall increase people’s awareness and appreciation of Evansville’s rich history. If you have any historical pictures of Vanderburgh County or Evansville please contact please contact Patricia Sides, Archivist Willard Library at 812) 425-4309, ext. 114 or e-mail her at www.willard.lib.in.us.
St. Mary’s Hospital for Women & Children Birth Records
Lesley and Andrew Smith, Newburgh, Ind., son, Brody Thomas, Jun. 18
Lindsey and Nathaniel Taylor, Evansville, daughter, Lily Sophia, Jun. 19
Nicole Buchanan, Hutsonville, Ill., son, Alik James, Jun. 20
Megan and Daniel Fuquay, Boonville, Ind., son, Atticus Allen, Jun. 21
BreeAnna McGrew and Kalen Sloan, Francisco, Ind., daughter, Alayna Lee, Jun. 21
Jessica Byrum, Evansville, son, Mason Lee, Jun. 22
Jenna Moline and Jordan Keown, Tell City, Ind., son, Jaxon Lee, Jun. 22
Rachel and Mark Thompson, Haubstadt, Ind., son, Fox Ronald, Jun. 23
Amanda and Micah Bechtel, Cynthiana, Ind., daughter, Evelyn Rose, Jun. 23
Harli and Benton Evans, Mount Vernon, Ind., daughter, Hadlee Nicole, Jun. 24
Emily and Phillip Rexing, Owensville, Ind., daughter, Loretta Katherine, Jun. 24
Sarah and Michael Marshall, Mount Vernon, Ind., daughter, Zoey Irene, Jun. 24
JUNE BIRTHDAYS
CATE SISCO
ROCHELLE SERRA
PHILLIP DAVIS
SUNNI ZIMMER
TINA PORTELLO OUIGLEY
E LON WALTERS
RANDALL FORSTER
CORY RAY
JORDAN BAER
JESSE DANIEL
CHARLES D. EUBANK
DONNA ROBINSON
KYLE G JOHNSON
KATHLEEN KRISTENÂ
PHILIPS DAVIS
E LON WALTERS
KELLY CHANDLER
KELLY GATES
MARCIA BLEVINS
ED KARGES
CHINA PHELPS
ANDREW BELL
EMMA LENTO
JOSH TURNER
BRADLEY SMITH
BROCK LANCE
TIM DEISHER
JOHN FRANKS
AMANDA HENN
DEBORAH WINTNER
COURTNEY GOUSMAN
STAN LEVCO
BRECK BITTER
ED KARGES
SALOME LaMARCHE
EVAN OTTER
CHRIS BORN
MELANIE BOZSA
GLORIA WEBBORN
SHERYL SANDERS
KIMBERLY ANN GREER
JAMIE FUCHS
BRENDA HUGHES
MARCIA BIVINS
ED KARGES
C LARRY RHODES
CHINA PHELPS
JOHN WOODALL
EVELYN MaVEETY
SCHARIAS K. GRAVES
STEVEN PIRNAT
NATHAN BAYNE
CHRIS LANTAFF
JIMMY LEFTER
DANIEL DiLEGGE
JOSH TURNER
BILL BETZ
EDIASRISINTA Â ARIYA
STEVEN PIRNAT
NATHAN BAYNE
MARVIN C HINTON
JOHN LUEDKE
BRENT FEULNER
JOE TEMPLETON
BOB DEGRAFFENREID
JAMES BILL
MONICA SCHREIBER
KAREN DOERNER HILL
KEEITH KERNEY
JOSH TURNER
BILL BETZ
TIFFANY NUNN STEPTO
JAMES BRINKMEYER
CHRIS BROWN
MICHAEL PRUITT
ROBERT MONEY
RICKIE DUPONT SR
WAYNE HART
STACEY LYNN MAYES
Vanderburgh County Democratic Party Calendar of Events 6/27/2016
Thursday, June 30th |
Fundraiser | 5:00 PM – 7:00 PM | Shannon Edwards for County Recorder Fundraiser
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Friday, July 15th |
Fundraiser | TBD | Red’s Day at the Races Fundraiser for Steve Lockyear
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Tuesday, July 19th |
Fundraiser | 5:30 PM – 7:30 PM | Zachary Heronemus for County Clerk Fundraiser
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Tuesday, July 26th |
Fundraiser | 5:00 PM – 7:00 PM | Steve Melcher for County Commissioner Fundraiser
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Wednesday, August 3rd |
Fundraiser | 5:00 PM – 7:00 PM | Missy Mosby’s Annual 39th Birthday Party
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Thursday, August 4th |
JJ Dinner | 5:00 PM | Vanderburgh County Jefferson-Jackson Dinner
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Saturday, September 10th |
Fundraiser | TBA | Rick Riney for Perry Township Trustee Annual Fish Fry
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Live Racing Starts This Weekend!
We will race 30 days starting on Saturday, July 2nd, 2016 & ending on Labor Day, Monday, September 5th, 2016. We will run Friday, Saturday, Sunday & Holidays, Monday, July 4th and Monday, September 5th. There will be no live racing on September 3rd. Â Grandstand opens at 11 AM, our first post begins at 12:50PM |