Case law

Douglas Kirby v. State of Indiana

83 N.E.3d 1237 · Indiana Court of Appeals · Aug 31, 2017

Given these facts, we are persuaded that this factor clearly favors treating the effects of the Statute as punitive as applied to Kirby. 2. … As such, this factor clearly favors treating the Statute as non-punitive as applied to Kirby. 7.

Deaconess Hospital, Inc. v. Indiana Department of Public Welfare

632 N.E.2d 732 · Indiana Court of Appeals · Apr 7, 1994

Suicidal ideation as such is not considered emergency qualifying crite-rig...." . Record at 120 (emphasis added). … The State DPW clearly based its decision on unwritten qualifying emergency medical criteria.

Indianapolis Downs, LLC v. Indiana Horse Racing Commission

827 N.E.2d 190 · Indiana Court of Appeals · May 13, 2005

In such a situation, we give the trial court’s factual findings and judgment deference, and we will reverse only if they are clearly erroneous. Id. … in this case, Indiana Downs is contesting an order because the IHRC's action not only has retrospective application, but also it is directed specifically at Indiana Downs and Hoosier Parks as the only two entities that qualified

Gardner v. Review Board of the Indiana Employment Security Division

162 Ind. App. 125 · Indiana Court of Appeals · Nov 6, 1974

It further finds that claimant failed to return to work after being notified that her condition did not qualify her for sick leave. … The findings clearly disclose the Board’s disbelief of Gardner’s medical diagnosis as the effective cause of her absentee *134 •ism.

Beckerman v. Gordon

614 N.E.2d 610 · Indiana Court of Appeals · May 27, 1993

Beckerman is entitled to immunity under the Good Samaritan Law? *612 DECISION PARTIES' CONTENTIONS — Dr. … The undisputed facts established that Mary Ann's condition was not the result of a sudden calamitous event of the type contemplated by the legislature. Record 104-5.

Willow Haven on 106th St, LLC v. Hari Nagireddy

Indiana Court of Appeals · Feb 2, 2024

Seemingly acknowledging such, Willow Haven maintains that the Home is a statutorily authorized housing with services establishment that, although not licensed, qualifies as a group home under the UDO … To qualify as a housing with services establishment, the home must: 1. provide “sleeping accommodations to at least five (5) residents;” and 11 This is after Willow

Sandra S. Weaver v. Elkhart Community School Corporation

95 N.E.3d 97 · Indiana Court of Appeals · Feb 14, 2018

a contractual relationship—sounds in tort: “In contrast to a breach of contract claim, which does not necessarily involve intentional wrongdoing, a claim of intentional interference with contract is established … So, while we express no opinion on the merits of any of Weaver’s claims, they are clearly all torts, as she alleges violations of 1 We shall assume, without deciding, that ECS qualifies as an “

State of Indiana v. Kinshasha Johnson

Indiana Court of Appeals · Oct 1, 2025

The charging information and supporting judicial records clearly alleged the required facts. … Further, “‘it is well established that vagueness challenges to statutes which do not involve First Amendment freedoms must be examined in the light of the facts of the case at

Sue Yee Lee Ex Rel. Kwei Hwang Lee v. Lafayette Home Hospital, Inc.

78 Ind. Dec. 503 · Indiana Court of Appeals · Sep 29, 1980

Such affidavits also attested that each of the defendants was a qualified health care provider under the act. … Provision is made for the establishment of medical review panels to review all proposed malpractice complaints against health care providers covered by this article.

Anonymous Hospital v. Mason Spencer and Steve Robertson, Commissioner of The Indiana Dept. of Insurance, and Doug Hill, Medical Review Panel Chair

Indiana Court of Appeals · Oct 8, 2020

Before a plaintiff may pursue a malpractice complaint in court against a qualified healthcare provider, the Act requires the plaintiff to present a proposed complaint to an MRP, and the MRP must give … Specifically, the Helms court held that a healthcare facility could be “vicariously liable for the acts of its apparent agents even if the agents are individually immune from suit.” Id. at 312.

Department of Revenue v. Kimball International, Inc.

520 N.E.2d 454 · Indiana Court of Appeals · Mar 21, 1988

The taxpayer has the burden of establishing qualification under the strict terms of the exemption. … The trial court in this case found that the evidence as introduced by Kimball established an entitlement to the exemption.

Whiteco Industries, Inc. v. Kopani

514 N.E.2d 840 · Indiana Court of Appeals · Nov 5, 1987

We believe that the law of this state clearly defines the avoidance of "injustice" more narrowly than the drafters of the restatement envisioned. … For example, in Romack would the officer have been uniquely qualified to act simply as a security guard?

In re the Supervised Estate of Gary Roberts, Martha Blevins, and In re the Supervised Estate of Elizabeth A. Roberts, Martha Blevins

27 N.E.3d 1136 · Indiana Court of Appeals · Mar 11, 2015

On appeal, Blevins argues that the Estates failed to establish each of the necessary elements. … N.D.Ga. 1994) (gun used for personal protection qualified as household goods under federal law).

Wenzel v. Hopper & Galliher, P.C.

779 N.E.2d 30 · Indiana Court of Appeals · Nov 22, 2002

The Judgment will be reversed if it is clearly erroneous. Id. Findings of fact are clearly erroneous when the record lacks any evidence or reasonable inferences from the evidence to support them. Id. … A "qualified person" under the Act is an individual "that is eligible under this article to own shares issued by a professional corporation." Ind.Code § 23-1.5-1-12.

Newman v. JEWISH COMMUNITY CENTER ASSN.

875 N.E.2d 729 · Indiana Court of Appeals · Oct 31, 2007

As our Supreme Court held in Trail, “merely making [ ] an accusation does not establish a [defamation] claim sufficiently to permit courts to determine its legal legitimacy. … In order to defeat summary judgment, the burden is on Newman to establish that the qualified privilege was abused. Cortez v. Jo-Ann Stores, Inc., 827 N.E.2d 1223, 1234 (Ind.Ct.App.2005).

Morrison v. McMahon

475 N.E.2d 1174 · Indiana Court of Appeals · Mar 28, 1985

The moving party has the burden of establishing that no material facts are in genuine issue. All doubts and inferences are resolved in favor of the non-moving party. … Since Morrison's tenure at the Frankfort Sewage Treatment Facility extended from 1977-1982, he is clearly "covered" by this statute.

Steve Snyder, as Personal Representative of the Estate of Kimberly Snyder v. Prompt Medical Transportation, Inc. Humana Insurance Company and St. Joseph Regional Medical Center

Indiana Court of Appeals · Jul 25, 2019

and SJRMC sought to have the order certified for interlocutory appeal, but this Court denied those requests. 1 Humana did not participate in the medical review panel process because it was not a qualified … The current version of the statute clearly shows that Congress intended to preempt a broad swath of state laws and regulations with Part C.

Hudson v. City of Terre Haute

88 Ind. App. 454 · Indiana Court of Appeals · Jan 11, 1929

Appellee contends that in establishing safety zones and maintaining the markers in the street, it was exercising a governmental function; that it is immune from liability for damages arising from *456 the exercise of such … In discussing the subject, the court said: “It is clearly within the power of the commissioners to establish safety zones for protection of the public in entering and alighting from street cars, as well as in waiting for

In the Matter of the Termination of the Parent-Child Relationship of: J.M., (Minor Child) and B.G. (Father) v. The Indiana Department of Child Services (mem. dec.)

Indiana Court of Appeals · Jun 23, 2017

Father has not participated in a substance-abuse program since his incarceration because he does not yet qualify for the program. However, Father admitted that he needed such treatment. … A finding of fact is clearly erroneous when there are no facts or inferences drawn therefrom to support it. Id.

Ashley v. State

661 N.E.2d 889 · Indiana Court of Appeals · Feb 27, 1996

It is my view that such extraordinary departures from regular well-established practice in our system of jurisprudence must take cognizance of and be sensitive to the totality of circumstances in which they appear. … That is such an apparent contradiction in terms that it might be more helpful to consider that upon the basis of the circumstances present, the error did not qualify as fundamental — even though under other circumstances