Case law

Hibler v. Globe American Corp.

128 Ind. App. 156 · Indiana Court of Appeals · Jan 13, 1958

The employee’s potential right to compensation and the obligation of the employer to pay when the potential right is established spring from the contract, not from tort or an act of negligence. … If the intention to preserve and continue such right is clearly apparent, it will be carried into effect.” State ex rel. Milligan, Superintendent of Madison State Hospital v.

State ex rel. Willard Library v. Evansville-Vanderburgh Public Library

848 N.E.2d 1162 · Indiana Court of Appeals · Jun 16, 2006

Willard’s status as a private entity should not make it immune from the procedural and other property tax controls that constrain local governments. … This language clearly indicates that the political subdivision may fix a budget and tax levy that is less than the published amount.

Thomas Bunger as Personal Representative of the Estate of Kenneth K. Kinney, and Cheryl Underwood v. Sheree Demming

40 N.E.3d 887 · Indiana Court of Appeals · Jul 22, 2015

Common-Law Agency Relationship [11] The trial court’s determination that Underwood and Demming had an agency relationship is not clearly erroneous. … Underwood argues that was error because Demming did not make a qualified settlement offer.

Haggerty v. Marion County Election Board

245 Ind. 565 · Indiana Supreme Court · Sep 22, 1964

Robert Fields posted bond, qualified and as *567 sumed the duties of sheriff accordingly. … Thereupon, on that day Robert Fields posted bond, qualified and assumed the duties of Sheriff.

In Re Jh

915 N.E.2d 986 · Indiana Supreme Court · Mar 25, 2009

A judgment is clearly erroneous when there is no evidence supporting the findings or the findings fail to support the judgment. Fraley v. … More specifically, even assuming J.I. qualifies as a de facto custodian7 that status bears only on the question of custody.

Memorial Hospital v. Szuba

705 N.E.2d 519 · Indiana Court of Appeals · Feb 8, 1999

Rather, we held that “the legislature clearly intended to apply the definition to the entire Act, unless specifically provided otherwise.” Id. … The Board found that the applicant failed to establish that the injury arose out of or in the course of White’s employment. 11 .

Harts v. Caylor-Nickel Hospital, Inc.

553 N.E.2d 874 · Indiana Court of Appeals · May 10, 1990

Health care providers, who must make up the medical review panel under IC 16-9.5-9-3, are no more qualified as experts on such matters than the average juror. … The tenor of Harts’ complaint taken as a whole clearly supports an allegation of ordinary negligence.

Perry

District Court, N.D. Indiana · Feb 3, 2026

Specifically, “[a] Rule 59(e) motion will be successful only where the movant clearly establishes ‘(1) that the court committed a manifest error of law or fact, or (2) that newly discovered evidence precluded entry of … However, Section 34-13-3-3 does not instill broad immunity, but rather immunity under particular circumstances.

Ehlerding v. American Mattress & Upholstery, Inc.

208 F. Supp. 3d 944 · District Court, N.D. Indiana · Sep 22, 2016

Both working and lifting qualify as major life activities. 42 U.S.C. § 12102 (2)(A). … Here, by contrast, Plaintiff clearly alleges that his lifting capabilities were restricted following his return to work.

Nickey v. Dougan

34 Ind. App. 601 · Indiana Court of Appeals · Feb 17, 1905

Under the authorities cited, the first paragraph of the complaint is clearly sufficient. … by a preponderance of the evidence, their verdict should be for *611 the appellee, without even qualifying the statement that they should have regard for any defense which appellants might have established.

Hoy v. State

448 N.E.2d 31 · Indiana Court of Appeals · Apr 26, 1983

This statute clearly permits an amendment to correct the statute *34 cited in the information. … Clearly, the State presented sufficient evidence to withstand such a motion.

In the Matter of the Termination of the Parent-Child Relationship of K.R., J.T.R., J.L.R., and E.R. (Minor Children) A.B. (Mother) and J.R. (Father) v. Indiana Department of Child Services

Indiana Supreme Court · Oct 15, 2020

“An abuse of discretion occurs when the decision is clearly against the logic and effect of the facts and circumstances and the error affects a party’s substantial rights.” Beasley v. … Further, we note that “[DCS] need not establish a perfect chain of custody, and once [DCS] strongly suggests the exact whereabouts of the evidence, any gaps go to the weight of the evidence and not to admissibility.”

Armour v. State

479 N.E.2d 1294 · Indiana Supreme Court · Jul 3, 1985

Our standard for reviewing sufficiency claims has been firmly established. On review, we do not weigh the evidence or judge the credibility. … Thé substance of defense tendered instruction number one was clearly covered by preliminary instructions number one and eleven.

Citizens National Bank of Evansville v. Foster

668 N.E.2d 1236 · Indiana Supreme Court · Aug 7, 1996

The drafters of this provision clearly contemplated some cap. … Tennessee Valley Authority, "[Clonsiderations of propriety, as well as long-established practice, demand that we refrain from passing upon the constitutionality of an act of Congress unless obliged to do so in the proper

Stewart v. State

721 N.E.2d 876 · Indiana Supreme Court · Dec 30, 1999

The record also contained a second BMV letter to Stewart dated November 30, 1995, which stated in its entirety: Previously the Indiana Bureau of Motor Vehicles sent you a notice stating that you qualified for habitual traffic … Bell, 182 Ga.App. 860 , 357 S.E.2d 596, 598 (1987)). 3 The record in this case clearly shows that in 1993 the Bureau mailed Stewart a notice of his HTV adjudication, at the address last known to the Bureau.

Brown v. South Bend Clinic

District Court, N.D. Indiana · Aug 14, 2025

Therefore, Brown has not established jurisdiction as required. Even if Brown had established jurisdiction, her complaint fails to state a claim for relief. Fed. R. Civ. … As noted by Defendant, “an action against a qualified health care provider may not be commenced in an Indiana court before a Proposed Complaint has been presented to a medical review panel and the panel has rendered an

Cope v. LYNCH

132 Ind. App. 673 · Indiana Court of Appeals · Sep 21, 1961

He said he thought it was of no importance and did not realize it might have been a torn part of the original will until after he had qualified as Administrator of the Estate. … The other facts presented certainly do not conclusively and clearly establish that he affirmatively mutilated or destroyed the will and codicil.

Dorothea Bragg, on Behalf of Herself and All Others Similarly Situated v. Kittle's Home Furnishings, Inc.

52 N.E.3d 908 · Indiana Court of Appeals · Apr 11, 2016

above-quoted language and claims that “[g]iven that the DOL has no investigative or enforcement apparatus, then if any of the proposed involuntarily separated Class Members had filed their claims with the DOL, then it would clearly … all amounts at which the labor or service rendered is recompensed, whether the amount is fixed or ascertained on a time, task, piece, or commission basis, or in any other method of calculating such amount.”5 It is well-established

Burkett v. American Family Insurance Group

737 N.E.2d 447 · Indiana Court of Appeals · Oct 31, 2000

The term “It” in the last sentence of the definition clearly refers back to the subject of the paragraph- — which is the definition of the term “relative.” … Thus, under the Burketts’ approach, a cause of action under Ind.Code § 9-24-9-4(a) would not accrue until after Prewitt, Jr.’s legal liability was established.

Merriweather v. Marion County Sheriff

368 F. Supp. 2d 875 · District Court, S.D. Indiana · Apr 5, 2005

Indiana Courts narrowly construe immunity “because it provides an exception to the general rule of liability.” Swanson, 671 N.E.2d at 439 (citing Hanson, 659 N.E.2d at 1125 ). … argument that “the Sheriff systemically [sic] negligently failed to even adhere to its own policies, procedures, and state law with respect to classification, segregation, and clock rounds [and][t]hese ... allegations ... clearly