Ind. Code 34-20-3-1(b) is a statute of repose that cannot be extended by a manufacturer’s post-delivery repair, refurbishment or reconstruction of the disputed product.
Civil
Burton v. Benner, No. 19S-CT-549, __ N.E.3d __ (Ind., March 3, 2020).
Off-duty police officer driving an unmarked police vehicle was not “clearly outside” the scope of his employment when he got in an accident.
Cavanaugh’s Sports Bar & Eatery, Ltd. v. Porterfield, No. 20S-CT-88, __ N.E.3d __ (Ind., March 3, 2020).
Courts should determine if a landowner has a duty based on whether the defendant knew or had reason to know of any present and specific contemporaneous evidence that would cause a reasonable person to recognize the probability or likelihood of imminent harm.
Wells Fargo Bank, N.A. v. Hallie, No. 19A-MF-2183, __ N.E.3d __ (Ind. Ct. App., March 9, 2020).
Bank can elicit foundational testimony for a business record from a witness even if the witness was not present at the time a document was created, if the witness has a functional understanding of the record keeping process of the business with respect to the specific entry, transaction, or declaration contained in the document
Blair v. EMC Mortgage, LLC., No. 19S-MF-530, __ N.E.3d __ (Ind., Feb. 17, 2020).
“Indiana’s two applicable statutes of limitations recognize three events triggering the accrual of a cause of action for payment upon a promissory note containing an optional acceleration clause. First, a lender can sue for a missed payment within six years of a borrower’s default. Second, a lender can exercise its option to accelerate and fast-forward to the note’s maturity date, rendering the full balance immediately due. The lender must then bring a cause of action within six years of that acceleration date. Or, third, a lender can opt not to accelerate and sue for the entire amount owed within six years of the note’s date of maturity.”