Opinion
IP 1:03-CV-0087 SEB-VSS
November 25, 2003
ENTRY DENYING MOTION TO FILE SECOND AMENDED COMPLAINT
The Court, being duly advised, hereby DENIES Plaintiffs motion for Leave to File Second Amended Complaint for the reason that the evidence cited does not establish a basis for punitive damages lacking any signs of an "iniquitous mental state" on the part of any of Defendant's employees. The circumstances surrounding the placement of the electrical cord on which Plaintiff apparently tripped, causing her fall and consequent injuries, is evidence at best of negligence, according to well-established principles of Indiana law as cited in Defendant's memorandum and incorporated herein. The case shall proceed on that theory.
It is so ORDERED.