Case law

The Estate of Gary Pfafman v. Lori Lancaster, Individually, and as Guardian of the Estate of Kole Craig

67 N.E.3d 1150 · Indiana Court of Appeals · Jan 18, 2017

The instruction booklets for the de-icers stated in relevant part that, when installing the de-icers, “a qualified electrician [shall] install a properly grounded receptacle outlet” to the heater. Id. at 249. … The crux of the issue on appeal is whether the jury’s verdict is clearly erroneous as contrary to or not supported by the evidence.

Wright v. Miller

965 N.E.2d 135 · Indiana Court of Appeals · Apr 5, 2012

Franklin Nash establishing that Dr. Miller did not meet the standard of care. Dr. Miller later withdrew his Motion for Summary Judgment. In July 2009, Wright responded to Dr. … Jerome Bagner was identified as a potential qualified expert witness on December 17, 2010, and Wright’s counsel submitted the evidentiary material to him for review. Dr.

Crumpacker v. Howes

140 Ind. App. 37 · Indiana Court of Appeals · Dec 23, 1966

Ohlfest was appointed and qualified as Administrator de bonis non with the will annexed. … The facts of this case are mainly established by evidence which, upon another trial, would command the conclusion we have reached here.

Ryan Sheckles v. State of Indiana

Indiana Court of Appeals · May 29, 2012

Smith’s agreement was for immunity in exchange for her testimony. Smith testified regarding the terms of her agreement. … Accordingly, Sheckles has failed to establish a nexus between his alleged diminished intellectual capacity and his crime.

Ortho Pharmaceutical Corp. v. Chapman

388 N.E.2d 541 · Indiana Court of Appeals · May 2, 1979

This clearly reflects the assumption that prescription drugs will only be used under some supervision of a doctor. … The Patient Warning is clearly another matter, however.

Heath v. Strunk

152 Ind. App. 80 · Indiana Court of Appeals · May 8, 1972

E. 2d 897 , the plaintiffs-appellees brought an action against Carl Cope and Joseph Lawrence to establish and probate a purported lost will and codicil of William A. … The other facts presented certainly do not conclusively and clearly establish that he affirmatively mutilated or destroyed the will and codicil.”

Farris v. State

818 N.E.2d 63 · Indiana Court of Appeals · Nov 22, 2004

An abuse of discretion occurs when the trial court's action is clearly erroneous and against the logic and effect of the facts and circumstances before it. Id. … Terry was qualified to testify as an expert, but ruled that his testimony was inadmissible under the Indiana Rules of Evidence.

Ricci Davis v. State of Indiana

Indiana Court of Appeals · Dec 19, 2019

In this review, we accept findings of fact unless clearly erroneous, but we accord no deference to conclusions of law. Id. … Under the categorical approach, a court assesses whether a crime qualifies as a violent felony “in terms of how the law defines the offense and not in terms of how an individual

K.F. v. B.B. Termination: Adoption Agency v. B.B. (mem. dec.)

Indiana Court of Appeals · Mar 25, 2020

We will not set aside the findings or the judgment unless they are clearly erroneous. Id. … Findings of fact are clearly erroneous if the record is devoid of any evidence or reasonable inferences to support them, while a judgment is clearly erroneous when it is unsupported by the findings of fact

Hagerman Construction, Inc. v. Copeland

697 N.E.2d 948 · Indiana Court of Appeals · Oct 6, 1998

This means these facts have been established as a matter of law for your deliberation. (R. 3799). … Crown-Corr argues that the contract did not clearly and unequivocally require it to indemnify Hagerman for Hager-man’s own negligence.

Monroe County Board of Zoning Appeals v. William J. Huff II Revocable Trust

Indiana Court of Appeals · Jan 13, 2026

that is: (1) arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law; (2) contrary to constitutional right, power, privilege, or immunity … We will set aside specific findings of the BZA only if they are clearly erroneous, meaning the record lacks any facts or reasonable inferences supporting them. See Caddyshack Looper, LLC v.

Thompson Farms v. CORNO FEED PRODUCTS, ETC.

173 Ind. App. 682 · Indiana Court of Appeals · Aug 3, 1977

Until-promulgation of Trial Rule 59, Burns Indiana Statutes Annotated § 2-2401 established causes for a new trial. … Corno clearly qualifies as a lender in whose favor there is a security interest. IC 1971, 26-1-9-105(1) (i) (Burns Code Ed.).

Paul K. Ogden v. Stephen Robertson

Indiana Court of Appeals · Feb 21, 2012

Nor do we find merit in Ogden’s argument that his claim qualifies as an exception to the exhaustion requirement due to its complex nature. … First, if an employee establishes that “adequate independent consideration” supports the employment contract, the court will generally conclude that the parties intended to establish a relationship in which the employer

Term. of Parent-Child Rel. of X.B. and L.B. (Minor Children) and J.B. (Father) v. Indiana Dept. of Child Services

Indiana Court of Appeals · Aug 7, 2012

Paternity was established for the children in a hearing on 6-13-08; he failed to appear. 3. Father and [Y.K. … In sum, Father has failed to establish that the trial court’s finding regarding his lack of stability is clearly erroneous.

Unger v. Indiana & Michigan Electric Co.

420 N.E.2d 1250 · Indiana Court of Appeals · May 19, 1981

Ah, I’m a right of way agent in the field qualified to recognize property. *1252 Q. Your offer did not take into account anything about the property other than that it was some type of cultivated land, did it? A. … Therefore a uniform state-wide schedule of values and damages arbitrarily fixed without reference to a particular parcel of real estate is unacceptable to establish a good faith offer to purchase.

Jason Tibbs v. State of Indiana (mem. dec.)

Indiana Court of Appeals · Jul 30, 2019

Tibbs raises two issues for our review, which we consolidate and restate as whether the post-conviction court clearly erred when it concluded that Tibbs had not received ineffective assistance from his trial … As a result of Court of Appeals of Indiana | Memorandum Decision 19A-PC-1085 | July 30, 2019 Page 4 of 14  Rickey’s information, investigators located Freeman and granted Freeman immunity in exchange for

Marq Hall v. State of Indiana

15 N.E.3d 1107 · Indiana Court of Appeals · Sep 4, 2014

During trial, defense counsel had an opportunity to ask A.D. questions to establish his offer of proof, but he did not. As such, he has waived this issue. … Making young M.T. endure another trial before knowing if this qualifies as an admissible false allegation under the Rape Shield Statute is unnecessary. The same is true about M.T.’s alleged use of a dildo.

Aileen (Scott) Kruse v. James D. Scott

Indiana Court of Appeals · Feb 14, 2012

G. 3(G)(5)(b)(4),1 this commentary clearly indicates that lump-sum SSD payments to a custodial parent on behalf of the child may be applied against a support arrearage that predated the filing of a … The younger child was a full- time student, but she did not inquire about whether she qualified for continued benefits.

John A. Hill, III and Susan Hill v. Steven N. Rhinehart, M.D. and Fort Wayne Medical Oncology and Hematology, Inc. John F. Csicsko, M.D. and David P. Lloyd, M.D., as Individuals

Indiana Court of Appeals · Oct 15, 2015

Ryan suspected Hill to be suffering from Heparin-Induced Thrombocytopenia (HIT), which is a rare “immune mediated response to the presence of the Heparin antigen in the body.” (Tr. p. 639). … Therefore, to receive a multi-cap recovery under the Medical Malpractice Act, Hill was required to establish that Drs.

Ortho Pharmaceutical Corp. v. Chapman

180 Ind. App. 33 · Indiana Court of Appeals · Mar 29, 1979

This clearly reflects the assumption that prescription drugs will only be used under some supervision of a doctor. … The Patient Warning is clearly another matter, however.