Restitution award was abuse of discretion; there was no evidence that the injury for which restitution was sought was caused by, or even connected with, the defendant.
Smart v. State, No. 29A02-1412-CR-887, ___ N.E.3d ___ (Ind. Ct. App., Aug. 4, 2015).
Defendant’s admission to injecting “methamphetamine,” without more, was insufficient to prove that he injected the legend drug “methamphetamine hydrochloride”; there was no evidence or basis for judicial notice that the two substances were the same
Markey v. Estate of Markey, No. 89S05-1412-ES-749, __ N.E.3d __ (Ind., Aug. 4, 2015).
Plaintiff’s claim for breach of contract to make and not revoke mutual wills constitutes a “claim” as defined by the probate code in Ind. Code § 29-1-1-3(a)(2).
Zeller v. AAA Ins. Co., No. 64A05-1502-CT-84, __ N.E.3d __ (Ind. Ct. App., Aug. 4, 2015).
Insurer’s acceptance of insured’s payment reinstated the insurance policy.
Young v. Davis, No. 71A04-1501-CT-26, __ N.E.3d __ (Ind. Ct. App., Aug. 4, 2015).
The voluntary dismissal of the governmental entities did not constitute a “judgment” for purposes of ITCA, and so plaintiffs could continue their lawsuit against the government employee individually.