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Case Clips

Published by the Indiana Office of Court Services

Decker v. Star Financial Group, Inc., No. 22S-PL-305, __ N.E.3d __ (Ind., March 21, 2023).

March 27, 2023 Filed Under: Civil Tagged With: C. Goff, G. Slaughter, Supreme

Bank could not add an arbitration addendum to terms and conditions of the bank account because the phrase, “any term of this agreement” only allowed modification existing terms, not adding a new term.

Ivankovic v. Ivankovic, No. 22A-DC-2933, __ N.E.3d __ (Ind. Ct. App., March 15, 2023).

March 20, 2023 Filed Under: Civil Tagged With: Appeals, P. Riley

There is no visitation for pets; trial court should not have included in dissolution decree a provision which allows the family dog to travel back and forth between the parties’ households during parenting time.

WEOC, Inc v. Neibauer, No. 22A-CT-1869, __ N.E.3d __ (Ind. Ct. App., March 15, 2023)

March 20, 2023 Filed Under: Civil Tagged With: Appeals, T. Crone

Common law claim for negligent furnishing of alcoholic beverages is a claim upon which relief can be granted.

US Automatic Sprinkler Corp. v. Erie Ins. Exchange, No. 22S-CT-264, __ N.E.3d __ (Ind., March 6, 2023).

March 13, 2023 Filed Under: Civil Tagged With: C. Goff, L. Rush, Supreme

The absence of contractual privity between the contractor and other commercial tenants precludes them from recovery because the contractor’s allegedly negligent work posed a risk to only property and the commercial tenants suffered only property damage.

Town of Linden v. Birge, No. 22S-PL-352, __ N.E.3d __ (Ind., March 7, 2023).

March 13, 2023 Filed Under: Civil Tagged With: C. Goff, Supreme

Flooding issues on caused by Town’s drainage plan are properly analyzed as a per se permanent taking and that case is remanded for the trial court to decide (1) whether the flooding here amounted to a substantial permanent physical invasion of the Property (including that portion lying within the drainage easement), and (2) for a final determination of damages.

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Case Clips is a weekly publication of the Indiana Office of Court Services featuring appellate opinions curated by IOCS staff for Indiana judges.

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