Defendant's Attorney: David J. Beach

Description: Crown Point, Indiana pro se litigant sued the Defendant on a negligence theory.

Robert Holland sued the Defendant claiming to have been injured and/or damaged in a slip and fall accident.

CIVIL PROCEDURE. MOTION TO SET ASIDE JUDGMENT. The case addresses whether a trial court erred in denying a motion to set aside a prior dismissal of a lawsuit in the absence of new evidence, concluding the motion was barred by res judicata due to the repetitive nature of the filings.

CIVIL PROCEDURE. FILING RESTRICTIONS. The court evaluates whether filing restrictions imposed on a litigant, which required verification of new and meritorious issues, violated constitutional rights to access the courts, ultimately finding them reasonable given the litigant's history of abusive filings.

SANCTIONS. IMPOSITION AND REVIEW OF SANCTIONS. This case reviews the appropriateness of a $3,000 sanction imposed on a litigant for repetitive and abusive court filings, determining that the trial court failed to base the sanction amount on record evidence, necessitating remand for further consideration.

Key Phrases Trial court dismissal. Filing restrictions. Pro se litigant. Repetitive filings. Sanctions review.

Outcome: Reversed.

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Defendant's Experts:

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