Water company was not a governmental entity or a political subdivision of the State entitled to the protections of the Indiana Tort Claims Act.
Civil
City of Indianapolis v. Duffitt, No. 49A04-0911-CV-661, ___ N.E.2d ___ (Ind. Ct. App., June 29, 2010)
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)
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)
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)
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.