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Cave Quarries, Inc. v. Warex LLC
24S‐CT‐39
Civil tort. Affirms the Orange Circuit Court’s denial of Cave Quarries’ motion for summary judgment. Finds Indiana law has long treated blasting as an abnormally dangerous activity subject to strict liability for damage to neighbors and bystanders. Also finds the court does not extend strict liability for blasting damage to a customer who participated in the blasting by hiring the defendant to conduct the explosion. Remands for the trial court to enter judgment for Warex and against Cave Quarries on count one of Cave Quarries’ complaint for damages alleging a strict liability claim, and to proceed on Cave Quarries’ negligence claim in count two.
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