A trial court has the discretion to award prejudgment interest upon a jury verdict, even when that amount exceeds a final judgment stipulated to by the parties.
Civil
Ind. Repertory Theatre, Inc. v. Cincinnati Cas. Co., No. 21A-CP-2848, __ N.E.3d __ (Ind. Ct. App., Feb. 13, 2023).
COVID-19 virus particles do not cause physical loss or damage to property so as to qualify as a covered loss under an insurance policy.
Rubendall v. Community Hospital of Anderson & Madison Cnty., No. 22A-CT-2223, __ N.E.3d __ (Ind. Ct. App., Feb. 1, 2023).
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.
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.