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Case Clips

Published by the Indiana Office of Court Services

Civil

City of Indianapolis v. Duffitt, No. 49A04-0911-CV-661, ___ N.E.2d ___ (Ind. Ct. App., June 29, 2010)

July 2, 2010 Filed Under: Civil Tagged With: Appeals, C. Bradford

Because Defendant-City’s actions were discretionary functions, Plaintiff’s tort claim was barred under the Indiana Tort Claims Act.

Alves v. Old National Bank, No. 71A03-0909-CV-416, ___ N.E.2d ___ (Ind. Ct. App., July 1, 2010)

July 2, 2010 Filed Under: Civil Tagged With: Appeals, N. Vaidik

Petitioner’s Trial Rule 60(B) motion for relief from judgment was untimely because: (1) he filed it more than one year after the trial court granted summary judgment against him, and (2) his earlier appeal of that judgment did not toll the one-year limit applicable to motions brought under Rule 60(B)(1)-(4).

KB Home Indiana, Inc. v. Rockville TBD Corp., No. 49A02-0909-CV-881, ___ N.E.2d ___ (Ind. Ct. App., June 18, 2010)

June 29, 2010 Filed Under: Civil Tagged With: Appeals, J. Baker

Owner’s action in negligence for defendant’s discharge of pollutants onto real property that was once farmland but subsequently became a residential subdivision was not barred by the economic loss doctrine.

Weigand Construction Co. v. Stephens Fabrication, Inc., No. 18A02-0910-CV-953, ___ N.E.2d ___ (Ind. Ct. App., June 25, 2010)

June 29, 2010 Filed Under: Civil Tagged With: Appeals, J. Baker

While plaintiff’s claim survived its subsequent voluntary bankruptcy proceedings, plaintiff did not timely make its claim pursuant to the terms of the parties’ contract.

Howard v. Am. Fam. Mut. Ins. Co., No. 87A01-0910-CV-512, ___ N.E.2d ___ (Ind. Ct. App., June 17, 2010)

June 18, 2010 Filed Under: Civil Tagged With: Appeals, M. Robb

Trial court erred in substituting underinsured driver for insurance company as the sole named defendant in contract case seeking recovery of underinsured motorist benefits, where the insurance company did not attempt to step into the shoes of and defend the tortfeasor or to preserve a subrogation interest.

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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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