“In a negligence action, whether a duty exists is a question of law for the court to decide. And in those instances where foreseeability is an element of duty, this necessarily means the court must determine the question of foreseeability as a matter of law. “
Rogers v. Martin, No. 02S05-1603-CT-114, __N.E.3d__ (Ind., Oct. 26, 2016).
Although landowner had no duty to protect an invitee from an unforeseeable harm, she did have a duty to protect the invitee from the foreseeable exacerbation of the injury occurring in her home. Under Indiana’s Dram Shop Act, a person does not “furnish” alcohol by providing it to someone who already possesses it.
State v. Summers, No. 09A02-1604-MI-933, __N.E.3d__ (Ind. Ct. App., Oct. 19, 2016).
Applying the intent-effects test, no ex post facto violation occurred when defendant committed the underlying offense in Illinois before Indiana’s definition of sex offender had been amended to include an obligation to register as a sex offender.
State v. Timbs, No. 27A04-1511-MI-1976, __ N.E.3d __ (Ind. Ct. App., Oct. 20, 2016).
Forfeiture of a vehicle worth four times the amount of the maximum fine of the crime was excessive.
Patchett v. Lee, Inc., No. 49S02-1610-PL-532, __ N.E.3d __ (Ind., Oct. 21, 2016).
“[T]he rationale of Stanley v. Walker applies equally to reimbursements by government payers… The reduced amount is thus a probative, relevant measure of the reasonable value of the plaintiff’s medical care that the factfinder should consider.”