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BRANSCOMB v. WAL-MART STORES EAST, L.P.

Supreme Court Case No. 20S-CQ-515.

165 N.E.3d 982 (2021)

David BRANSCOMB and Tammy Branscomb, Appellants/Plaintiffs, v. WAL-MART STORES EAST, L.P. and James Clark, Appellees/Defendants.

Supreme Court of Indiana.

Filed April 7, 2021.

Attorney(s) appearing for the Case

ATTORNEYS FOR APPELLANTS: Kevin S. Smith , Church Church Hittle & Antrim, Noblesville, Indiana, David A. Singleton , Tom Blackburn , Blackburn & Green, Fort Wayne, Indiana.

ATTORNEYS FOR APPELLEES: Robert T. Keen, Jr. , Jerod A. Adler , Barrett McNagny LLP, Fort Wayne, Indiana.

ATTORNEYS FOR AMICUS CURIAE INDIANA TRIAL LAWYERS ASSOCIATION: Robert D. Brown , Sarah M. Cafiero , Kenneth J. Allen Law Group, Valparaiso, Indiana.

ATTORNEYS FOR AMICUS CURIAE DEFENSE TRIAL COUNSEL OF INDIANA: Crystal G. Rowe , Kightlinger & Gray, LLP, New Albany, Indiana, Lucy R. Dollens , Quarles & Brady, LLP, Indianapolis, Indiana.

Today we address whether a store manager can be held liable for negligence when he is not directly involved in the accident at issue. Looking at the facts and circumstances of this case and Indiana law, we hold he cannot.

Facts and Procedural History

This case comes to us as a certified question from the United...

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