“ We reject the concept that a participant in a sporting event owes no duty of care to protect others from inherent risks of the sport but adopt instead the view that summary judgment is proper due to the absence of breach of duty when the conduct of a sports participant is within the range of ordinary behavior of participants in the sport and therefore reasonable as a matter of law.”
Civil
Tracy v. Morell, No. 59A01-1009-PL-488, __ N.E.2d __ (Ind. Ct. App., May 19, 2011)
Sale of tractor with altered identification number was subject to rescission on grounds of mistake and public policy, and buyer was entitled to recovery of payments with interest.
City of Indianapolis, et al v. Armour, et al, No. 49S02-1007-CV-402, ___ N.E.2d ___ (Ind., May 10, 2011)
A city resolution which only forgave outstanding assessment balances, and did not refund assessment money to those that paid the assessment, does not violate the Equal Protection Clause of the Fourteenth Amendment because it was rationally related to a legitimate governmental interest.
Eppl v. DiGiacomo, No. 45A03-1007-SC-402, ___ N.E.2d ___ (Ind. Ct. App., May 4, 2011)
Tenant’s mere delivery of the keys is not sufficient to demonstrate that landlord accepted surrender of the premises; thus the end of the month, in a month-to-month tenancy, started the security deposit statute’s 45-day clock for the landlord to provide the itemization of charges against the security deposit.
Love v. Rehfus, No. 30S01-1004-CV-162, ___ N.E.2d ___ (Ind., April 21, 2011)
A firefighter’s private email supporting a political candidate running for township trustee to a small group of citizens was protected public-employee speech under the Garcetti-Connick-Pickering test, and the fire chief was not justified in treating the firefighter differently from any other member of the general public and terminating his position.