Because whether a plaintiff has complied with the requirements of the ITCA is one of law, but the answer may depend upon the resolution of disputed facts, the issue should be handled by a carefully drafted jury instruction.
Civil
Dawson v. Thornton, Inc., No. 49A02-1403-CT-208, __ N.E.3d __ (Ind. Ct. App., Oct. 22, 2014).
The trial court properly did not instruct the jury regarding spoliation of evidence when plaintiff inspected and took pictures of the evidence, and the evidence was available for over a year after the incident.
Wysocki v. Johnson, No. 45S03-1407-CT-459, __ N.E.3d __ (Ind., Oct. 15, 2014).
Liability under the Crime Victims Relief Act is a ”matter of the factfinder’s discretionary judgment of whether the defendant is criminally culpable.”
Evansville Courier & Press v. Vanderburgh County Health Dept., No. 82S04-1401-PL-49, __ N.E.3d __ (Ind., Oct. 7, 2014).
Death certificates with the cause of death are public records and should be available to anyone requesting access.
Zavodnik v. Harper, No. 49A04-1307-PL-316, __ N.E.3d __ (Ind., Sept. 30, 2014).
Litigants do not have a license to abuse the litigation process. Pro se litigants must play by the rules. Litigants do not have an unfettered right to proceed in forma pauperis. Courts may place reasonable limits on filings by abusive litigants. Judges should not disqualify themselves because of a baseless demand.