PSI Energy v. Roberts Mesothelioma Case: Opinion Conclusion

The conclusion of the footnotes in the Opinion in PSI Energy v. Roberts, Roberts’ work history are listed in this page. In this case, Roberts was exposed to asbestos at his workplace, which led to his eventual diagnosis of mesothelioma.

Footnote: Ind. Trial Rule 59(J)(7) provides that: In reviewing the evidence, the court shall grant a new trial if it determines that the verdict of a non-advisory jury is against the weight of the evidence; and shall enter judgment, subject to the provisions herein, if the court determines that the verdict of a non-advisory jury is clearly erroneous as contrary to or not supported by the evidence, or if the court determines that the findings and judgment upon issues tried without a jury or with an advisory jury are against the weight of the evidence.

Footnote: Additionally, we note that after the parties filed their briefs in this case, our supreme court held that “[t]he comparative knowledge of a possessor of land and an invitee regarding known or obvious dangers may properly be taken into consideration in determining whether the possessor breached the duty of reasonable care under Sections 343 and 343A of the Restatement (Second) of Torts.” Smith, 796 N.E.2d at 245. Further, our supreme court rejected an argument that “to impose liability upon a possessor of land under Section 343 and 343A requires that an invitee’s conduct notwithstanding the known or obvious risk must be undertaken for a ‘type of strong, external compelling circumstance.’” Id. (internal quotations and citations omitted).

Courtesy of the Indiana Court of Appeals and the State of Indiana

Other helpful links:

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