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.
Civil
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.
Staat v. Ind. Dept. of Transportation, No. 21S-CT-240, __ N.E.3d __ (Ind., Dec. 9, 2021).
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.
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).