Third party settlement did not bar worker’s compensation benefits where the settlement was obtained before a worker’s compensation award had been resolved, and was in an amount less than the anticipated worker’s compensation benefit.
Civil
Knoebel v. Clark County Superior Court No. 1, No. 22A01-0808-CV-384, __ N.E.2d __ (Ind. Ct. App., Feb. 17, 2009)
Probation officer demoted from chief probation officer status was not entitled to retain the salary increase for a chief probation officer.
Indianapolis Marion County Public Library v. Charlier Clark & Linnard P.C., No. 06A05-0804-CV-239, ___ N.E.2d ___ (Ind. Ct. App., Feb. 6, 2009)
Because plaintiff’s claims were for economic losses that arose from plaintiff’s complaint that it did not receive the benefit of its bargain, the damages claimed were not recoverable in tort and were best relegated to contract law.
Smyth v. Hester, No. 29A02-0803-CV-237, ___ N.E.2d ___ (Ind. Ct. App., Feb. 12, 2009)
Trial court’s order for attorney fees was remanded for further consideration and explanation, because it did not provide any insight as to the reason for the award of attorney fees, i.e., what the trial court found to be frivolous, unreasonable, and bad faith conduct.
Klotz v. Hoyt, No. 18S02-0807-CV-391, ___ N.E.2d ___ (Ind., Jan. 22, 2009)
Klotz v. Hoyt (Ind., Dickson, J.) – Landlord’s untimely or inadequate statutory damage notice to tenant precludes only landlord’s claims for physical damage to the premises and does not bar landlord from recovery of unpaid rent and other losses.