A government entity is “not liable” for a loss or injury resulting from the “temporary condition of a public thoroughfare . . . that results from weather.” Because the evidence designated by the government establishes that the weather-induced condition continued to worsen at the time of the accident, the Court holds that the condition was temporary and the government immune from liability.
Civil
Reinoehl v. St. Joseph Cnty. Health Dept., __ N.E.3d __ (Ind. Ct. App., Dec. 3, 2021).
Complaint, alleging various causes of action related to the schooling of plaintiffs’ children while there were COVID-19 restrictions, was properly dismissed pursuant to TR 12(B)(6).
Payne-Elliott v. Roman Catholic Archdiocese of Indianapolis, Inc., No. 21A-CP-936, __ N.E.3d __ (Ind. Ct. App., Nov. 23, 2021).
Trial court improperly granted T.R. 12(B)(1) motion for lack of subject matter jurisdiction. Because a fact-sensitive and claim-specific analysis is required to determine whether the First Amendment bars the claims against the church, the issue was not ripe for disposition.
Wheeler v. State, No. 21A-MI-1175, __ N.E.3d __ (Ind. Ct. App., Nov. 17, 2021).
Inmate was not required to plead exhaustion of remedies to state a claim for negligence; his negligence claim was not subject to dismissal under the Screening Statute on that basis.
Aberdeen Apartments II, LLC v. Miller, No. 21A-CT-1263, __ N.E.3d __ (Ind. Ct. App., Nov. 15, 2021).
Counsel did not commit misconduct for making a specific request for damages during rebuttal closing argument.