Damages for “loss of privacy,” resulting in “embarrassment, stress, and anxiety” must satisfy the requirements for emotional distress damages. Defendant broadcasting private health information via short-wave radio airwaves does not meet the publication element for public disclosure of private facts.
Civil
Edna Martin Christian Center, Inc. v. Smith, No. 22A-CT-1420, __ N.E.3d __ (Ind. Ct. App., Jan. 30, 2023).
A personal representative of an estate may not assert a claim for emotional distress damages for the benefit of the decedent’s minor dependent children and nondependent adult children in a wrongful death action.
Expert Pool Builders, LLC v. Vangundy, No. 22A-PL-1499, __ N.E.3d __ (Ind. Ct. App., Jan. 18, 2023).
Defendant waived his appeal of the default judgment by failing to file a T.R. 60(B) motion to set aside the default judgment; a motion to correct error did not preserve the issue.
Lash v. Kreigh, No. 22A-CC-1069, __ N.E.3d __ (Ind. Ct. App., Jan. 18, 2023).
The proper calculation of damages based on the theory of quantum meruit used the plaintiff’s reasonable value of the work performed.
Brugh v. Milestone Contractors, LP, No. 22A-CT-845, __ N.E.3d __ (Ind. Ct. App., Jan. 11, 2023).
Surviving spouse timely substituted herself as the real party in interest within the prescribed time limitations of the Indiana Wrongful Death Stature; the deadline was tolled by the Supreme Court’s orders regarding COVID-19.