Case law

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

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

Schepman v. Buhner

32 Ind. App. 562 · Indiana Court of Appeals · Mar 10, 1904

Thereupon the board appointed other viewers, who reported favorably, and such subsequent proceedings were had as that tho road was ordered established, etc. … It has power to establish highways, but the conditions and manner of its exercise are clearly defined by statute and must be substantially ob *565 served, or the proceeding becomes a nullity. Helms v. Bell, supra.

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.

Brockmann v. Brockmann

938 N.E.2d 831 · Indiana Court of Appeals · Dec 17, 2010

Thus, Father's petition to modify legal custody of A.B. would qualify as a matter that could be arbitrated. Whether the parties actually agreed to arbitrate that matter, however, is a different issue. … The agreement here, however, does not clearly indicate an intent by the parties to arbitrate all possible future issues.

Indiana Department of Public Welfare v. St. Joseph's Medical Center, Inc.

455 N.E.2d 981 · Indiana Court of Appeals · Nov 16, 1983

The only issue before that court was whether standards promulgated at 470 IAC 11-1-1 establishing eligibility for assistance under the H.O.I. … While it is undisputed that the Legislature delegates to administrative agencies discretion as well as authority, appellants have clearly misconstrued the meaning of this phrase. A.F.

Osmulski v. Becze

638 N.E.2d 828 · Indiana Court of Appeals · Aug 10, 1994

We find that Beeze has satisfied the standard necessary to establish third-party standing. … Clearly, a potentially reasonable inference from this testimony is that Osmulski failed to maintain a proper lookout.

Thomas v. Orlando

834 N.E.2d 1055 · Indiana Court of Appeals · Sep 29, 2005

On May 28, 2002, Robert's paternity was officially established. … According to Robert, being a full-time student does not qualify.

Hossman v. State

473 N.E.2d 1059 · Indiana Court of Appeals · Feb 12, 1985

Clearly, the prosecutor's opening statement was riddled with proscribed personal opinion. … However, these comments established a prosecution theme which was pursued throughout the trial, namely, Hossman's defense was fabricated.

Christopher W. Hovis v. State of Indiana (mem. dec.)

Indiana Court of Appeals · Jul 16, 2015

. [12] Hovis contends that the trial court clearly erred in finding that he had failed to meet his burden of establishing grounds for postconviction relief. … State’s Exhibits A through G clearly establish that Christopher W.

United States Auto Club, Inc. v. Woodward

460 N.E.2d 1255 · Indiana Court of Appeals · Mar 29, 1984

s rules clearly prohibited any attempt to override the waste gate exhaust system. … The fastest 33 cars qualifying are those which are permitted to compete in the race. 3 .

Higgins v. State

855 N.E.2d 338 · Indiana Court of Appeals · Oct 18, 2006

(c) The state health commissioner shall prescribe the terms of the annual contract awarded to licensed teachers qualifying for payment under this schedule. … The School Corporation incorporated that proposal into the CBA and established a retirement account into which it contributed an agreed-upon percentage of each teacher's salary.

McNevin v. McNevin

444 N.E.2d 320 · Indiana Court of Appeals · Mar 30, 1983

The Indiana Supreme Court in Brooks abrogated the common-law rule of interspousal tort immunity. … The above line of cases firmly establishes the principle that marital property is property which is capable of division at the time of dissolution.

Rex E. Breeden Revocable Trust v. Hoffmeisterrepp

941 N.E.2d 1045 · Indiana Court of Appeals · Dec 6, 2010

After inspecting the house, Hendershot graded the roof as "poor/defective," and recommended that a qualified contractor further evaluate and repair as needed. … Also, Breeden himself fails to establish that Hoffmeister-Repp knew the ducts were rotten at the time of sale.

Harbour Town Associates, Ltd. v. City of Noblesville

540 N.E.2d 1283 · Indiana Court of Appeals · Jul 20, 1989

Therefore, it was not an accessory use of the property, and similarly did not qualify as an allowable use. The decision of this court in Mazey v. … It was solely the character of the main use of the property as school or public which qualified the accessory use as a permitted use.

City of Valparaiso, Indiana v. Richard and Janet Brown

Indiana Court of Appeals · Mar 13, 2014

The party seeking immunity bears the burden of establishing its conduct comes within the Act. Mullin v. Mun. City of South Bend, 639 N.E.2d 278 (citing Peavler v. Monroe Cnty Db. Of Comm’rs., 528 N.E.2d at 46)). … “We will not reverse the trial court’s decision unless prejudicial error is clearly shown.” Id.

Stanley v. Kelley

422 N.E.2d 663 · Indiana Court of Appeals · Jun 29, 1981

Because Kelley’s statements to F.S.C. management were protected by a qualified privilege, Stanley was required to prove that the publication of the statement was made with malice. Indianapolis Horse Patrol Inc. v. … The testimony established, however, that several persons other than Kelley telephoned the officers of F.S.C. and related substantially the same matters that Kelley later related to the F.S.C. officers.

Sullivan v. State

836 N.E.2d 1031 · Indiana Court of Appeals · Nov 10, 2005

sentence for class A felony child molesting and, indeed, may not qualify as a significant aggravating cireumstance at all. … J.S. and A.S. also were clearly listed in the presentence report as Sullivan's children. .

James K. Chenoweth v. State of Indiana (mem. dec.)

Indiana Court of Appeals · Jun 9, 2015

[18] Because the victim was four-years old when she was molested, Chenoweth’s victim qualified as a protected person, and therefore, the videotape of her forensic interview was admissible at trial if: … The victim’s unavailability for medical reasons was established by Dr.

Clarian Health Partners, Inc. v. Wagler

925 N.E.2d 388 · Indiana Court of Appeals · Mar 31, 2010

Summary judgment is available only if Clarian can clearly show unequivocal expert medical testimony about causation. … There is currently no clearly applicable Indiana law showing if, how, or when, nurses can testify as experts. Appellant's Appendix at 20 (footnote omitted).