Case law

Catt v. Board of Com'rs of Knox County

736 N.E.2d 341 · Indiana Court of Appeals · Oct 16, 2000

Negligence of the county in designing the culvert, if any, would not be relevant because the absence of the culvert was clearly temporary at the time of the accident. See Leinbach v. State, 587 N.E.2d at 736. … In addition, Catt's designated materials also establish that the culvert has washed away because of flooding. R. 263, 266.

Lex, Inc. v. BOARD OF TRUSTEES OF PARAGON

808 N.E.2d 104 · Indiana Court of Appeals · May 5, 2004

Before an ordinance will be declared to be repugnant to the Constitution, its fatal constitutional defects *111 must be clearly apparent. Id. … Our review of the record clearly shows that the first prong of the Collins test has been satisfied.

Burnett v. State

815 N.E.2d 201 · Indiana Court of Appeals · Sep 28, 2004

An abuse of discretion occurs where the trial court's decision is clearly against the logic and effect of the facts and cireumstances before the court. Id. … And only one characteristic is necessary to qualify an individual as an expert. Id. As such, a witness may qualify as an expert on the basis of practical experience alone. Id.

Warrick County Commissioners v. Warrick County Council

706 N.E.2d 579 · Indiana Court of Appeals · Mar 3, 1999

To be qualified for the position, the executive director must have training and experience in the field of planning and zoning. … To be qualified for the position, an executive director must have training and experience in the field of planning and zoning.

Elliott v. Allstate Insurance Co.

859 N.E.2d 696 · Indiana Court of Appeals · Jan 9, 2007

Clearly, emotional trauma can be as disabling to the body as a visible wound. … Thus, clearly, the policy covers more than merely physical harm.

F. W. Means & Co. v. Carstens

428 N.E.2d 251 · Indiana Court of Appeals · Nov 25, 1981

Under the above prescribed standard of review, we find the record clearly establishes that a genuine issue of the material fact of damages exists. 14 Summary judgment, therefore, was erroneously granted arid we reverse. … Secondly, because the injunction is an extraordinary equitable remedy it is granted with great caution, only when the necessity and reason therefor are clearly established, and only where the law does not provide full redress

Lach v. Lake County

621 N.E.2d 357 · Indiana Court of Appeals · Sep 20, 1993

Focusing on the first prong of the test, this Court in Campbell clarified the type of speech which will qualify as speech "on a *359 matter of public concern about which free and open debate is vital to the decision making … Our responsibility is to ensure that citizens are not deprived of fundamental rights by virtue of working for the government; this does not require a grant of immunity for employee grievances not afforded by the First Amendment

Indiana Civil Rights Commission v. City of Muncie

459 N.E.2d 411 · Indiana Court of Appeals · Feb 8, 1984

The burden of establishing a prima facie case of disparate treatment is not onerous. … The record in this case does not indicate that Milton Smith sufficiently established a prima facie case of racial discrimination against the Pension Board.

Gary Bowling and Mable Bowling v. Christopher Nicholson and Shelley Nicholson

51 N.E.3d 439 · Indiana Court of Appeals · Feb 25, 2016

In 2010, there were more than a dozen OWB models that had been qualified by the EPA. An OWB that is qualified by the EPA is ninety percent cleaner, i.e., less polluting, than models that are unqualified. … The model installed by the Nicholsons, a Woodmaster 4400, has not been qualified by the EPA.

Frank v. Trustees of Orange County Hospital

530 N.E.2d 135 · Indiana Court of Appeals · Nov 14, 1988

Frank argued the information sought would establish that the medical staff’s decision was based on nonprofessional grounds thereby defeating the defense of justification. … This section clearly and unambiguously prohibits the disclosure of any content of communications to or the determination of a peer review committee.

Town of Porter v. Brandstetter

770 N.E.2d 832 · Indiana Court of Appeals · Jun 19, 2002

When challenging the Equal Privileges and Immunities Clause in Indiana, the following test was set forth in Collins v. … It was established that the members of the town council were all concerned with the growing needs of Porter. Appellant's App. p. 40.

Alarcon v. State

573 N.E.2d 477 · Indiana Court of Appeals · Jun 20, 1991

Our supreme court rejected the pharmacist's claim of immunity based on his registered status. "There is no language in Ind.Code § 385-48-4-1 that prohibits the charging of a pharmacist with this offense." Id. at 511. … He argues that it is the Legend Drug Act, Ind.Code § 16-6-8-1 et seq., not the C.S.A., which is clearly intended to apply to physicians who have allegedly gone beyond the bounds of their professional practice.

Lee v. Weston

75 Ind. Dec. 25 · Indiana Court of Appeals · Mar 26, 1980

by the American Board of Pathology for certification or a physician holding an unlimited license to practice medicine in Indiana acting under the direction of such qualified physician to perform such autopsy, for which such … Ind.Code § 17-3-17-15 provides immunity to Weston for ordering the autopsy.

Empire Gas of Rochester, Inc. v. State

486 N.E.2d 1036 · Indiana Court of Appeals · Dec 17, 1985

Therefore, if they qualify as real property they must qualify as either fixtures or appurtenances. Under the stipulated facts, the LP tanks cannot qualify as either fixtures or appurtenances. … Clearly, South Shore does not establish that assessing possessors of personal property is statutorily preferred over assessing the owners themselves.

Termination of the Parent/Child Relationship of M.H.C. v. Hill

750 N.E.2d 872 · Indiana Court of Appeals · Jun 27, 2001

Father also argues that his case qualifies under subsection (d) of the statute because no family services were offered to him due to his incarceration, even though he had completed the reunification requirements established … Paternity was established subsequent to the filing of the petition to terminate parental rights. 4 .

Conwell v. Beatty

667 N.E.2d 768 · Indiana Court of Appeals · Jun 21, 1996

There being no defamatory statement, we do not reach the Howard County defendants’ defenses of absolute privilege, qualified privilege or immunity. II. … Even if we assume that Cappoli’s statement was false, Conwell has not established the elements of malicious prosecution.

Raymond Dale Berryhill v. Parkview Hospital

962 N.E.2d 685 · Indiana Court of Appeals · Feb 16, 2012

Pursuant to Trial Rule 52(A), the clearly erroneous standard applies to appellate review of facts determined in a bench trial with due regard given to the opportunity of … In its amended judgment, the trial court determined that Parkview was entitled to immunity from Berryhill‟s false imprisonment claim pursuant to Indiana Code Section 12-26-2-6 because Berryhill failed to establish that

Scobey v. Beckman

111 Ind. App. 574 · Indiana Court of Appeals · May 26, 1942

therefore a qualified or base fee. … This condition as to use is clearly a condition subsequent.

Pierce v. Bank One-Franklin, NA

618 N.E.2d 16 · Indiana Court of Appeals · Jul 28, 1993

The nonmov-ing party may rest upon his pleadings until the moving party establishes that no genuine factual issue exists. … In the present case, we find Bauer's communication to Epple is entitled to a qualified privilege.

Roukaya Ali v. Alliance Home Health Care, LLC, L.J.L. Enterprises, Inc., and Larry J. Logsdon

53 N.E.3d 420 · Indiana Court of Appeals · Mar 24, 2016

As such, it was protected by the qualified common interest privilege as a matter of law. … As discussed, his communications to IMPD are protected by the qualified privilege.