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.
Civil
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.
Duncan v. Barton’s Discounts, LLC, No. 21A-PL-211, __ N.E.3d __ (Ind. Ct. App., Nov. 3, 2021).
Possibly incriminating text messages are not protected by the Fifth Amendment in a civil discovery proceeding because the text messages were voluntarily created prior to the issuance of the discovery requests, and they are non-testimonial in nature.
Nail v. Smith, No. 21A-CT-563, __ N.E.3d __ (Ind. Ct. App., Nov. 1, 2021).
Trial court properly awarded attorney’s fees as a discovery sanction even though the party’s attorney was salaried in-house counsel.
Griffin v. Menard, Inc., No. 21S-CT-119, __ N.E.3d __ (Ind., Oct. 19, 2021).
When a box opened at the bottom and injured store customer, plaintiffs’ designated evidence did not create an issue of material fact to defeat defendant’s motion for summary judgment. Plaintiffs’ res ipsa loquitur claim also failed.