Case law

Ball Memorial Hospital v. Freeman

245 Ind. 71 · Indiana Supreme Court · Feb 21, 1964

In my opinion, these facts clearly distinguish the case at bar from those cited and relied upon in the majority opinion. … charitable hospital for error or negligence, which is assumed to have existed on the part of the agents and servants of the hospital, the majority opinion resorts to an application of the doctrine of res ipsa loquitur to establish

Miller Structures, Inc. v. Indiana State Board of Tax Commissioners

748 N.E.2d 943 · Indiana Tax Court · Apr 24, 2001

The Court must first determine whether Miller has established a prima facie case that it is entitled to a kit building adjustment. … None of these pieces of evidence clearly identifies which models were used and this Court will not make Miller's case for it by trying to figure out which ones were used. See CGC Emters. v.

Hay v. Baumgartner

870 N.E.2d 568 · Indiana Court of Appeals · Jul 27, 2007

Findings of fact are clearly erroneous when the record lacks any reasonable inference from the evidence to support them, and the trial court’s judgment is clearly erroneous if it is unsupported by the findings and the conclusions … In establishing whether the findings or the judgment are clearly erroneous, we consider only the evidence favorable to the judgment and all reasonable inferences to. be drawn therefrom. Id.

Phillips v. State

550 N.E.2d 1290 · Indiana Supreme Court · Mar 7, 1990

Further, this Court has approved the use of hypotheticals as a method of qualifying a child witness, either by the witness, Russell, 540 N.E.2d 1222 (child witness asked during qualifying examination to give an example of … Clearly appellant knew at some point prior to trial that Watford might have information relevant to his cause.

Pittman v. HOUSING AUTHORITY OF CITY OF SOUTH BEND

695 F. Supp. 2d 866 · District Court, N.D. Indiana · Feb 17, 2010

(under the indirect method, plaintiff bears the initial burden of establishing a prima facie case of race discrimination by showing that: (1) he is a member of a protected group; (2) he was qualified for the position sought … Pittman has not shown that he did anything to become a qualified Tech III during the month following his performance review, nor has he established that the SBHA’s explanation for promoting Boone was a ruse.

Indianapolis Machinery Co. v. Bollman

169 Ind. App. 195 · Indiana Court of Appeals · May 17, 1976

On December 1, 1952, the Company established a profit-sharing plan and a profit-sharing trust for the benefit of its employees. … The evidence established the right of Cohen to recover upon the theory of an express unilateral contract.

Reed v. Schultz

Indiana Supreme Court · Aug 20, 1999

Schultz were so entitled, the Rule 56 materials show that he was removed for just cause, and (3) the Superintendent is entitled to qualified immunity from any claim of damages. Dr. … (f) A person who otherwise qualifies as a hearing officer is not considered an employee of the agency solely because the person is paid by the agency to serve as a hearing officer.

Merritt v. Neal

District Court, N.D. Indiana · Dec 11, 2023

Third, Officer McClafferty argues she is entitled to qualified immunity because Mr. Merritt does not have a clearly established right to have a clean cell without delay during a prison emergency. ECF 43 at 12-14. … On these facts, Officer McClafferty is not entitled to qualified immunity. See Hope v.

Thomas Mustillo v. Area Board of Zoning Appeals of St. Joseph County and Ceres Partners, LLC (mem. dec.)

Indiana Court of Appeals · Oct 17, 2019

The Bagnalls have not demonstrated that the trial court’s findings were clearly erroneous. … A decrease in street parking and an increase in danger to the children in the park are injuries that would be sustained by the community as a whole and would not qualify Mustillo as aggrieved.

Macy v. Lindley

54 Ind. App. 157 · Indiana Supreme Court · Nov 8, 1912

The court will take notice of its own record, and the additional evidence offered clearly established that the motion, together with the proof of notice thereof, was filed by appellee within two years after the removal of … Her *163 infancy was suggested, and a guardian ad litem appointed, who qualified and filled a formal answer in denial.

Vaughn v. Sullivan

906 F. Supp. 466 · District Court, S.D. Indiana · Oct 19, 1995

The establishment of SSI increased the number of individuals previously ineligible for assistance under the state programs. … This is not to say, however, that 209(b) states are immune from all federal guidelines regarding Medicaid: “when two statutes are capable of co-existence, it is the duty of the courts, absent a clearly expressed congressional

Welsh, Governor v. Sells

244 Ind. 423 · Indiana Supreme Court · Oct 30, 1963

The intention of the legislature in this respect is clearly reflected in Burns’ §64-2631. *439 The present Act is amendatory to the 1933 Act. … No man’s property shall be taken . . . without just compensation . . . ,” and Section 23 (privileges and immunities clause).

City of Mishawaka, Ind. v. Am. Elec. Power Co., Inc.

465 F. Supp. 1320 · District Court, N.D. Indiana · Jan 30, 1979

The facts established at trial clearly indicate that it should. … While a subordinate governmental unit’s claim to Parker immunity is not as readily established as the same claim by a state government sued as such, we agree with the Court of Appeals that an adequate state mandate for anticompetitive

Chicago & Atlantic Railway Co. v. Sutton

130 Ind. 405 · Indiana Supreme Court · Feb 23, 1892

The answer alleges, in substance, that he was duly elected and qualified as such supervisor, and was, when said acts were done, acting in that capacity; that on the 24th day of August, 1888, a petition for a public highway … This, however, we wish it clearly understood we do not affirm.

Lattimore v. Kosciusko County Sheriff

District Court, N.D. Indiana · Jun 30, 2025

Qualified Immunity Defendants Jones, Schopf, and Nash argue that they are entitled to qualified immunity. … “Qualified immunity attaches when an official’s conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.” Rivas- Villegas v.

Conner v. President of New-Albany

1 Blackf. 88 · Indiana Supreme Court · Nov 9, 1820

that the owner of wild, uncultivated land, has a sufficient possession to enable him to maintain trespass; and that the possession of such property follows the title, and continues with it, until an adverse possession is clearly … The fee *91 of the land, over which a highway is dedicated to the public, or established by law, continues in the original proprietor.

Thompson v. Ferdinand Sesquicentennial Committee, Inc.

637 N.E.2d 178 · Indiana Court of Appeals · Jun 30, 1994

Thus, Thompson argues she need only show a violation of that statute to establish liability. … She contends the immunity provisions of I.C. § 7.1-5-10-15.5, which preclude liability absent a showing of visible intoxication, are inapplicable. Thompson is mistaken.

Johnson v. State

832 N.E.2d 985 · Indiana Court of Appeals · Aug 11, 2005

On May 28, 2002, Judge Sleva qualified as a special judge and assumed jurisdiction. … Clearly, Dr.

Rohn v. Thuma

77 Ind. Dec. 569 · Indiana Court of Appeals · Aug 12, 1980

It is well established that a child has a right to be supported in a style consonant with the societal position of his parents. … Such factors clearly governed the Missouri court’s decision in Nelson v.

Daughhetee v. AMAX COAL CO. a DIV. OF AMAX, INC.

761 F. Supp. 622 · District Court, S.D. Indiana · May 7, 1990

It is well established that a plaintiff may pursue Title VII claims under either a disparate treatment or disparate impact theory. … The plain *627 tiff’s duties were primarily record keeping and she clearly had a problem keeping the records up to date.