Gravesite purchaser, who discovered that the cemetery resold the gravesite and allowed someone else to be buried there, is entitled to correction of the wrongful burial.
Civil
In re Name Change and Gender Change of R.E., No. 19A-MI-2562, __ N.E.3d __ (Ind. Ct. App., March 12, 2020).
Administrative Rule 9 does not require petitioner present evidence of actual or imminent harm from the publication of a gender change petition. To obtain a change to the gender marker on his birth certificate, petitioner must only show the request was made in good faith and not for a fraudulent or unlawful purpose.
Estabrook v. Mazak Corp., No. 19S-CQ-590, __ N.E.3d __ (Ind., March 2, 2020).
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.
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.