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Indianapolis Expungement Lawyer 317-636-7514<\/p><\/div><\/p>\n
Santelli v. RAHMATULLAH<\/em>, 966 N.E.2d 661<\/h1>\nCite Numbers: 966 N.E.2d 661
\nDocket Number: 49A04-1011-CT-704
\nFiled: 3\/29\/2012 <\/font><\/h3>\nThe case of Santelli v. Rahmatulla, 966 N.E.2d 611<\/a> was a tragic injustice to the victim\u2019s family. In 2005, James Santelli was staying at a motel owned by Abu Rahmatullah while working on a construction project in town. Just before Santelli\u2019s stay, Abu Rahmatullah hired a general maintenance worker named Joseph Pryor. Joseph Pryor was a convicted felon and had a warrant out for this arrest for a probation violation, but was given the job by Rahmatullah anyway. <\/p>\nShortly after he quit, but held on to a master hotel key that gave him access to every room on the premises. On the night of October 16 or 17, 2005, Pryor entered Santelli\u2019s room and proceeded to rob him, resulting in Santelli\u2019s murder. Pryor was eventually convicted of an 85 year sentence, and is still serving that time to this day. <\/p>\n
Rahmatullah was not charged criminally for the case even though he made some negligence business decisions. Indiana law recognizes a duty of a hotel owner to safeguard their patrons, so Rahmatullah was still held liable outside of criminal law. Not only was the motel located in a high crime area, Rahmatullah failed to keep exterior doors consistently closed, failed to keep the locks in working order, and never monitored the pool and lobby security cameras. <\/p>\n
Furthermore, he failed to perform background checks on his staff and hired individuals with violent criminal histories. As a result, jury returned a verdict finding the total damages in the amount of $2,070,000.00, and apportioned 2% of the fault for Santelli\u2019s death to Rahmatullah. So for his negligence and the contribution he inadvertently had in Santelli\u2019s death, he was order to pay $41,400.00, which is 2% of the total damages found by the jury. <\/p>\n
It was a hefty remuneration, so naturally, he appealed in 2010. The appellate court ordered the jury to be instructed on the very duty doctrine, a common law doctrine that holds a premises owner owes a level of reasonable care to protect patrons against a foreseeable crime. The Supreme Court of Indiana vacated the decision and granted transfer. The court heard oral arguments from both sides and was presented with conflicting views on the supremacy the \u201cComparative Fault Act\u201d, or the “very duty doctrine. The Comparative Fault Act dictates that where a plaintiff is found more than 50% at fault, the plaintiff cannot recover. <\/p>\n
The case sparked the interests of both the Defense Trial Counsel of Indiana (DTCI<\/a>) and the Indiana Trial Lawyers Association (ITLA<\/a>), which wrote opposing amicus briefs to help guide the court on the issue. The Supreme Court\u2019s decision could have had wide-ranging consequences on business owners. If the appellate decision had remained, then Indiana business owners will potentially face enhanced premises liability for the criminal acts of others. <\/p>\nIs Your Criminal Record Holding You Back?<\/h1>\n
To limit such liability, business owners now have to conduct criminal background checks on all employees, which means that convicted criminals face dismal opportunities for employment and housing. If you are having trouble getting hired because of your criminal record, you should consider criminal record expungement or record sealing. There are new laws in Indiana that allow those who qualify to conceal their criminal background from the public, including employers.<\/p>\n
Indianapolis Expungement Lawyer <\/h2>\n
![\"David](\"https:\/\/www.delewislaw.com\/blog\/wp-content\/uploads\/2016\/01\/Copy.jpg\")
David E. Lewis Attorney at Law 317-636-7514<\/p><\/div>Call David E. Lewis, Attorney at Law<\/a> at 317-636-7514<\/strong> to seal arrest records<\/a> in Indiana. Our services start as low as $850, so virtually anyone can afford to clear their criminal records or petty crimes and arrests. Call 317-636-7514<\/strong> to schedule a free initial consultation with an Indianapolis criminal defense lawyer you can trust.<\/p>\n","protected":false},"excerpt":{"rendered":"As a business owner, can you be criminally liable if you do not take the necessary actions to prevent criminal activity on your premises? This is a good question for any business owner, especially if they are currently facing charges … Continue reading
\nDocket Number: 49A04-1011-CT-704
\nFiled: 3\/29\/2012 <\/font><\/h3>\n
The case of Santelli v. Rahmatulla, 966 N.E.2d 611<\/a> was a tragic injustice to the victim\u2019s family. In 2005, James Santelli was staying at a motel owned by Abu Rahmatullah while working on a construction project in town. Just before Santelli\u2019s stay, Abu Rahmatullah hired a general maintenance worker named Joseph Pryor. Joseph Pryor was a convicted felon and had a warrant out for this arrest for a probation violation, but was given the job by Rahmatullah anyway. <\/p>\n Shortly after he quit, but held on to a master hotel key that gave him access to every room on the premises. On the night of October 16 or 17, 2005, Pryor entered Santelli\u2019s room and proceeded to rob him, resulting in Santelli\u2019s murder. Pryor was eventually convicted of an 85 year sentence, and is still serving that time to this day. <\/p>\n Rahmatullah was not charged criminally for the case even though he made some negligence business decisions. Indiana law recognizes a duty of a hotel owner to safeguard their patrons, so Rahmatullah was still held liable outside of criminal law. Not only was the motel located in a high crime area, Rahmatullah failed to keep exterior doors consistently closed, failed to keep the locks in working order, and never monitored the pool and lobby security cameras. <\/p>\n Furthermore, he failed to perform background checks on his staff and hired individuals with violent criminal histories. As a result, jury returned a verdict finding the total damages in the amount of $2,070,000.00, and apportioned 2% of the fault for Santelli\u2019s death to Rahmatullah. So for his negligence and the contribution he inadvertently had in Santelli\u2019s death, he was order to pay $41,400.00, which is 2% of the total damages found by the jury. <\/p>\n It was a hefty remuneration, so naturally, he appealed in 2010. The appellate court ordered the jury to be instructed on the very duty doctrine, a common law doctrine that holds a premises owner owes a level of reasonable care to protect patrons against a foreseeable crime. The Supreme Court of Indiana vacated the decision and granted transfer. The court heard oral arguments from both sides and was presented with conflicting views on the supremacy the \u201cComparative Fault Act\u201d, or the “very duty doctrine. The Comparative Fault Act dictates that where a plaintiff is found more than 50% at fault, the plaintiff cannot recover. <\/p>\n The case sparked the interests of both the Defense Trial Counsel of Indiana (DTCI<\/a>) and the Indiana Trial Lawyers Association (ITLA<\/a>), which wrote opposing amicus briefs to help guide the court on the issue. The Supreme Court\u2019s decision could have had wide-ranging consequences on business owners. If the appellate decision had remained, then Indiana business owners will potentially face enhanced premises liability for the criminal acts of others. <\/p>\n To limit such liability, business owners now have to conduct criminal background checks on all employees, which means that convicted criminals face dismal opportunities for employment and housing. If you are having trouble getting hired because of your criminal record, you should consider criminal record expungement or record sealing. There are new laws in Indiana that allow those who qualify to conceal their criminal background from the public, including employers.<\/p>\n David E. Lewis Attorney at Law 317-636-7514<\/p><\/div>Call David E. Lewis, Attorney at Law<\/a> at 317-636-7514<\/strong> to seal arrest records<\/a> in Indiana. Our services start as low as $850, so virtually anyone can afford to clear their criminal records or petty crimes and arrests. Call 317-636-7514<\/strong> to schedule a free initial consultation with an Indianapolis criminal defense lawyer you can trust.<\/p>\n","protected":false},"excerpt":{"rendered":" As a business owner, can you be criminally liable if you do not take the necessary actions to prevent criminal activity on your premises? This is a good question for any business owner, especially if they are currently facing charges … Continue reading Is Your Criminal Record Holding You Back?<\/h1>\n
Indianapolis Expungement Lawyer <\/h2>\n