Amount of restitution awarded to embezzlement victim was abuse of discretion; award included sums an audit revealed were missing but were not shown to be connected to defendant’s conduct, and expenditures to determine the amount of loss.
In re: Indiana State Fair Litigation, No. 49S02-1601-CT-51, ___ N.E.3d ___, (Ind. Jan. 28, 2016).
Indemnity language on back of vendor’s invoice could not be applied retroactively to liabilities predating the invoice; retroactive effect was not “clearly and unequivocally” expressed in invoice language, and could not be inferred from parties’ course of dealing.
Kevin T. Scripture, M.D. et al. v. Julia and Steven Roberts, No. 49A02-1504-CT-211, ___ N.E.3d ___, (Ind. Ct. App. Feb. 1, 2016).
Doctors’ conclusory affidavits failed to raise genuine issue of fact; affidavits merely restated the denials in their pleadings and did not cite facts to support that they met the standard of care or did not cause plaintiffs’ damages.
Slaybaugh v. State, No. 79S02-1601-CR-28, ___ N.E.3d ___ (Ind., Jan. 20, 2016).
Fact that juror was Facebook “friends” with relatives of the victim did not establish juror misconduct, when juror testified that she did not know them personally or recognize them in court, and trial court found her testimony truthful.
Coleman v. State, No. 47A01-1506-IF-659, ___ N.E.3d ___ (Ind. Ct. App. Jan. 19, 2016).
Speed-limit sign facing southbound traffic, reducing speed limit from 55 to 35 mph, was ineffective against northbound motorist, despite county ordinance setting 35 mph speed limit unless otherwise designated; by state law, default speed limit for the road was 55 mph unless “appropriate signs giving notice of the altered limit are erected on the street or highway.”