Case law

Guedelhofer v. Ernsting

23 Ind. App. 188 · Indiana Court of Appeals · Nov 1, 1899

If we clearly understand the theory of the complaint, appellee plants his right of recovery upon two basic propositions: (1) That appellant was negligent in failing to provide a guard to be adjusted over the revolving knives … This finding by the general verdict must stand, unless facts are affirmatively established by the special findings which are so antagonistic to the facts established by the general verdict that the two can not be reconciled

Indiana State Teachers Ass'n v. Board of School Commissioners of Indianapolis

679 N.E.2d 933 · Indiana Court of Appeals · May 6, 1997

The purpose of Article IV, § 19 is to establish a check on the exercise of legislative power. … The mere fact that no other county presently qualifies does not render the Act unconstitutional.” Id. (citations omitted).

McCart v. CHIEF EXEC. OFFICER, CRED. UNION

652 N.E.2d 80 · Indiana Court of Appeals · Jun 14, 1995

Ind.Trial Rule 23 establishes a two-step procedure for determining the propriety of class action certification. … Thus, the claims of the plaintiffs would benefit all qualified members and depositors of the defendant. D.

Douglas W. Fancil v. State of Indiana

Indiana Court of Appeals · Apr 5, 2012

An abuse of discretion occurs if the trial court’s decision is clearly against the logic and effect of the facts and circumstances before the court, or if the court has misinterpreted the law. Id. … to eight percent,” 3 Indiana Evidence Rule 702 provides: (a) If scientific, technical, or other specialized knowledge will assist the trier of fact to understand the evidence or to determine a fact in issue, a witness qualified

M.B. v. A.V.

Indiana Court of Appeals · Feb 6, 2014

Pursuant to Ind.Appellate Rule 65(D), this Memorandum Decision shall not be regarded as precedent or cited before any court except for the purpose of establishing the defense of res Feb 06 2014 … Paternity was established in 1997, and Mother was awarded sole legal and physical custody. At that time, Father had a weekly gross income of $3,187.00. Mother had a weekly gross income of $565.00.

Alvin Donald Grisby v. State of Indiana

Indiana Court of Appeals · Oct 29, 2014

We held in Embrey, 989 N.E.2d at 1267, that the NPLEx records qualified as business records under Evidence Rule 803(6). … and establishing that there is a factual basis for the information furnished; or (2) contain information that establishes that the totality of the circumstances corroborates the hearsay.”

Northern Indiana Public Service Co. v. Otis

145 Ind. App. 159 · Indiana Court of Appeals · Aug 27, 1969

The realities of litigation clearly indicate that co-defendants are frequently unfriendly. … Both witnesses, McLean and Goodwin, were qualified as expert witnesses who were entitled to give opinion evidence.

Samuel Bellamy v. State of Indiana (mem. dec.)

Indiana Court of Appeals · Aug 31, 2015

We reverse only where the decision is clearly against the logic and effect of the facts and circumstances. Joyner v. State, 678 N.E.2d 386, 390 (Ind. 1997), reh’g denied. … The State argues that the medical records qualify under the hearsay exception of Ind. Evidence Rule 803(4). [21] Ind.

Stephen T. Perosky v. State of Indiana

Indiana Court of Appeals · Feb 11, 2014

The trial court also found that paramedic Beida was a skilled witness qualified to testify regarding the effect of “Bath Salts.” … the trial court failed to properly consider them, an allegation that the trial court failed to find a mitigating factor requires the defendant to establish that the mitigating evidence is both significant and clearly

Metro Health Professionals, Inc. v. Chrysler, LLC

905 N.E.2d 1026 · Indiana Court of Appeals · May 5, 2009

"The first step in interpreting any Indiana statute is to determine whether the legislature has spoken clearly and unambiguously on the point in question." St. Vincent Hosp. & Health Care Ctr., Inc. v. … We note that, like New York, several other state laws also establish a repair presumption. See, e.g., MD.CODE ANN., COM.

Meyer v. Marine Builders, Inc.

797 N.E.2d 760 · Indiana Court of Appeals · Sep 29, 2003

We will reverse such an exercise of discretion only when the decision is clearly against the logic and effect of the facts and the circumstances. Id. … Thus, Boofter qualifies as an expert witness. See, e.g., Romine v.

HOUSING AUT. OF CITY OF SOUTH BEND v. Grady

815 N.E.2d 151 · Indiana Court of Appeals · Sep 22, 2004

These standards must be met in order for a residence to qualify for the Section 8 tenant-assisted program, and the standards must be maintained as long as the residence is involved in the program. … To place a duty on the Housing Authority to ensure the safety of each and every residence of Section 8 housing would clearly frustrate the objectives of the housing assistance program.

Campbell v. Eli Lilly & Co.

413 N.E.2d 1054 · Indiana Court of Appeals · Dec 30, 1980

In a series of cases arising out of a variety of factual settings in which a discharge clearly violated an express statutory objective or undermined a firmly established principle of public policy, courts have recognized … Further, I would grant such protection in all cases where the firing was obnoxious to such clearly declared or established public policy including all three categories previously mentioned.

Anthony D. Moore v. State of Indiana (mem. dec.)

Indiana Court of Appeals · Apr 30, 2015

We therefore accept the post-conviction court’s findings of fact unless they are clearly erroneous but give no deference to its conclusions of law. Id. … The State, for its part, acknowledges that Burnett’s prior conviction for conversion qualified as impeachment evidence.

Rose v. Mercantile National Bank of Hammond

844 N.E.2d 1035 · Indiana Court of Appeals · Mar 31, 2006

Findings of fact are clearly erroneous. when the record lacks any evidence or reasonable inferences from the evidence to support them. Id. The judgment will be reversed if it is clearly erroneous. Id. … Thus, to qualify for these remedies, Mercantile had to demonstrate it suffered a pecuniary loss as a result of a violation of Ind.Code Art. 85-48.

Budd v. State

935 N.E.2d 746 · Indiana Court of Appeals · Oct 8, 2010

We accept findings of fact unless clearly erroneous, but we accord no deference to conclusions of law. Id. … Day, 644 N.E.2d 72, 75 (Ind.1994) ("We conclude that there is no settled body of Indiana law that compels application of a federal equal protection analytical methodology to claims alleging special privileges or immunities

United Rural Electric Membership Corp. v. Indiana Michigan Power Co.

716 N.E.2d 1007 · Indiana Court of Appeals · Sep 29, 1999

Further, the Commission clearly addressed the issue in its order. Record at 300-02; cf. City of Marion v. Antrobus, 448 N.E.2d 325 (Ind.Ct.App.1983) and State ex rel. Hight v. … Moreover, as an administrative agency, the Commission is presumed to be qualified by knowledge and experience. Knox County, 663 N.E.2d at 191 .

Jan Dollahan, Jr. v. State of Indiana (mem. dec.)

Indiana Court of Appeals · Jul 10, 2019

Misconduct or errors implicating constitutional issues do not necessarily establish that fundamental error has occurred. Id. … See Ryan, 9 N.E.3d at 672 (holding that “[s]uch correct statement so distanced from an improper one cannot qualify its substance, but it may counteract its harm”).

Anthony Rose v. Martin's Super Markets L.L.C., Martin's Super Markets of Elkhart East L.L.C., Martin's Super Markets of Elkhart L.L.C., and Martin's Super Markets Inc.

120 N.E.3d 234 · Indiana Court of Appeals · Feb 28, 2019

This is good knowledge for all of us to have in our work and personal lives as we visit public establishments. Id. at 119. … However, this is not an admission that it had a duty in this case for the sixty-four seconds after the shooting began, as it is qualified by the phrase “once it knew she’d been injured[.]” Id.

Musgrave v. SQUAW CREEK COAL CO.

964 N.E.2d 891 · Indiana Court of Appeals · Mar 21, 2012

The ALJ’s decision was clearly based upon two separate but individually sufficient grounds. … The definition of non-coal wastes clearly refers to wastes that were generated during surface mining activities.