Liquidated damages and attorney fees under the Wage Payment Statute were not available to plaintiff because she did not file a wage payment claim with the Department of Labor, even though the claim exceeded the $6,000 threshold.
Civil
Lowe v. N. Ind. Commuter Transp. Dist., No. 21S-CT-295, __ N.E.3d __ (Ind., Dec. 16, 2021).
Northern District Commuter Transportation District is apolitical subdivision for purposes of the Indiana Tort Claims Act so was subject to its 180-day notice requirement
In re Power of Attorney of DeHart, No. 21A-GM-1043, __ N.E.3d __ (Ind. Ct. App., Dec. 17, 2021).
When a request for accounting under a power of attorney is made, the person holding the power of attorney has the burden to prove the accounting is not in the power of attorney’s best interests.
Wilkes v. Celadon Group, Inc., No. 19S-CT-564, __ N.E.3d __ (Ind., Dec. 6, 2021).
Carriers have the primary duty for loading and securing cargo. If the shipper assumes a legal duty of safe loading, it becomes liable for injuries resulting from any latent defect.
Ladra v. State, No. 21S-CT-235, __ N.E.3d __ (Ind., Dec. 9, 2021).
When the government knows of an existing defect in a public thoroughfare, and when it has ample opportunity to respond, immunity does not apply simply because the defect manifests during recurring inclement weather.