Case law

Zambrana v. Armenta

819 N.E.2d 881 · Indiana Court of Appeals · Dec 30, 2004

Because the duty of a landowner to a business invitee was well-established, courts merely: needed to look at the issue of foreseeability. Id. … Indeed, reducing his argument to its essence, Zambrana seeks immunity on precisely the basis of that indifference.

Asher Hill v. K. Chesterfield

Indiana Court of Appeals · Jan 25, 2024

But even if the defendants aren’t immune from suit, Hill has failed to state a valid claim against them under 42 U.S.C. § 1983, for the reasons just discussed. … Court of Appeals of Indiana | Opinion 23A-CT-1649 | January 25, 2024 Page 9 of 12 [14] “It has been clearly established for decades that prisons must provide inmates with ‘the minimal civilized measure of

Think Tank Software Development Corp. v. Chester, Inc.

988 N.E.2d 1169 · Indiana Court of Appeals · May 7, 2013

To invoke this doctrine, the matters decided in the earlier appeal must clearly appear to be the only possible construction of an opinion. Id. … WILNER’S QUALIFICATIONS Chester argues that Wilner is not qualified to render an opinion on causation.

In Re: The Marriage of: Regina A. Niccum v. Matthew B. Niccum (mem. dec.)

Indiana Court of Appeals · Apr 8, 2015

At the conclusion of the hearing, Regina’s counsel challenged whether Gottschalk was qualified to be a GAL. … Thus, Regina has not established that this finding is clearly erroneous.

In Re Marriage of Erwin

840 N.E.2d 385 · Indiana Court of Appeals · Jan 13, 2006

[Katharine] is also qualified to work in retail, and seems to have little trouble getting a retail sales job. 14. … The evidence established that Katharine had earned more than $17,000 in 2003 and was expected to earn more than $19,000 in 2004.

Metropolitan Development Commission v. Goodman

588 N.E.2d 1281 · Indiana Court of Appeals · Mar 19, 1992

2) Did the trial court err in determining that the apartment use of the carriage house was legally established before the effective date of the existing zoning ordinance and therefore qualified for the nonconforming use exception … Special findings and the judgment flowing therefrom will be set aside only if they are clearly erroneous. Id.

Knaus v. York

586 N.E.2d 909 · Indiana Court of Appeals · Feb 19, 1992

Under IND.CODE 31-6-6.1-8, blood testing in paternity actions must be conducted by qualified experts. … Before the test results may be introduced into evidence, this court has held that a proper foundation must be established to prove that the doe-tor who conducted the tests was a qualified expert.

Peter & Burghard Stone Co. v. Carper

96 Ind. App. 554 · Indiana Court of Appeals · Jul 3, 1930

The statute, by its plain words, absolutely prohibits a foreign corporation from transacting any business until qualified. Now let us examine Section 9 of the same act, being §4618, supra. … The rule in this regard has been clearly and aptly stated by Lord Chief Justice Holt in Bartlett v. Vinor, Carth.

Robin Eugene Montgomery v. State of Indiana

22 N.E.3d 768 · Indiana Court of Appeals · Dec 11, 2014

An abuse of discretion occurs when the trial court’s decision is clearly against the logic and effect of the facts and circumstances before the court or it misinterprets the law. Id. … Accordingly, the main purpose of the NPLEx records is not to establish or prove some fact at trial.

Huber v. Protestant Deaconess Hospital, Etc.

127 Ind. App. 565 · Indiana Court of Appeals · May 1, 1956

The foregoing rule only applies where it clearly appears that the evidence fails to establish one or more of the facts essential to a recovery, and where the facts and the reasonable inferences which may be drawn therefrom … There is no claim made that such anesthetist was not a duly qualified and experienced specialist in the field of anesthesiology.

JL v. State

789 N.E.2d 961 · Indiana Court of Appeals · Jun 3, 2003

Foundational requirements to admissibility often require factual determinations by the trial court, and these findings are entitled to the same deference on appeal as any other factual finding, whether that is described as a clearly … Rule 803(6) permits the foundational requirements to be established by a "custodian or another qualified witness. " Further, the proponent of an exhibit may authenticate it by calling a witness who has a functional understanding

Bell v. Clark

653 N.E.2d 483 · Indiana Court of Appeals · Jul 11, 1995

Whether Bell established the defenses of qualified privilege or truth to Clark’s counterclaim of libel. Bell argues that his communications to the other limited partners were protected by a qualified privilege. … Clark argues persuasively that Bell failed to establish and has waived this defense.

Angelique Lockett and Lanetra Lockett v. Planned Parenthood of Indiana, Inc., and Cathy McGee

Indiana Court of Appeals · Apr 17, 2015

We construe all facts and all reasonable inferences established by the designated evidence in favor of the non-moving party. Asklar, 9 N.E.3d at 167. … [21] Here, there is no question that Planned Parenthood qualifies as a “health care provider” under the MMA.

State v. Smith

178 Ind. App. 1 · Indiana Court of Appeals · Oct 16, 1978

The facts in this case are distinguishable from the Andrews case and clearly established that the design of the land to be acquired by the condemnation proceeding was for Modern Photo and hence a private use. … The General Assembly shall not grant to any citizen, or class of citizens, privileges or immunities which, upon the same terms, shall not equally belong to all citizens.”

Ransburg v. Richards

770 N.E.2d 393 · Indiana Court of Appeals · Jun 20, 2002

We think it clear that public policy does not condemn the immunity clause voluntarily agreed upon by the parties. Id. at 951. … We also point out that an exculpatory clause of this type contravenes the long established common law rules of tort liability.

Myers v. Reynolds

47 Ind. App. 233 · Indiana Court of Appeals · Mar 9, 1911

In this contention appellants are clearly in error. Other elements would have to be present in order to bind appellee. … It was clearly to the interest of appellants that the county surveyor, whose survey they had in this proceeding defeated, should not be appointed by the court.

In the Termination of the Parent-Child Relationship of J.S., Minor Child, M.S. v. Indiana Department of Child Services (mem. dec.)

Indiana Court of Appeals · Jun 30, 2016

On May 29, Father established his paternity of Child by affidavit, but Father did not live with Mother and Child. … Father clearly has not addressed his substance abuse issues.

Paternity of G.G.B.W. v. S.W.

80 N.E.3d 264 · Indiana Court of Appeals · Jul 26, 2017

The school required that its students be vaccinated but, pursuant to Indiana Code section 20-34-3-2, the school allowed an unvaccinated student to attend if a parent executed a form claiming a religious objection'to immunization … Following the establishment of paternity, a trial court may modify a child-custody order only upon a showing that modification is in the child’s best interests and that there has been a substantial change in one or more of

Rory Kerwood v. Elkhart County Sheriff's Department

Indiana Court of Appeals · Apr 10, 2024

In response, Kerwood argued the statements “clearly imply Kerwood engaged in criminal activity which is false.” Id. at 146. … The Sheriff’s Department argued it had immunity under Ind. Code § 34-13-3- 3(a)(7).

Gall v. State

811 N.E.2d 969 · Indiana Court of Appeals · Jul 20, 2004

All of this testimony constitutes sufficient evidence to establish that Gall was a child under the statute. … An abuse of discretion occurs where the trial court's decision is clearly against the logic and effects of the facts and cireumstances before the court. Id. Here, Gall attempted to solicit H.S.'