A trial court has the discretion to award prejudgment interest upon a jury verdict, even when that amount exceeds a final judgment stipulated to by the parties.
Ind. Repertory Theatre, Inc. v. Cincinnati Cas. Co., No. 21A-CP-2848, __ N.E.3d __ (Ind. Ct. App., Feb. 13, 2023).
COVID-19 virus particles do not cause physical loss or damage to property so as to qualify as a covered loss under an insurance policy.
Means v. State, No. 23S-CR-26, __ N.E.3d __ (Ind., Feb. 1, 2023).
After the Court of Appeals accepts a discretionary interlocutory appeal, it may later dismiss the appeal on non-jurisdictional grounds, although its general reluctance to do so is appropriate. In addition, orders in limine are eligible for discretionary interlocutory review.
Doroszko v. State, No. 23S-CR-25, __ N.E.3d __ (Ind., Feb. 1, 2023).
Pursuant to TR 47(D), trial courts must permit parties or their counsel to question prospective jurors directly. The trial court may also examine the jurors. As part of its own examination, the court may, but does not have to, include questions the parties submit to the court in writing. If the court elects to examine the prospective jurors, it is within its discretion to decide whether its examination or the parties’ examination will occur first, but whenever the trial court examines the prospective jurors, it must allow the parties an opportunity to supplement the court’s inquiry by posing their own additional questions directly to the prospective jurors.
Rubendall v. Community Hospital of Anderson & Madison Cnty., No. 22A-CT-2223, __ N.E.3d __ (Ind. Ct. App., Feb. 1, 2023).
Damages for “loss of privacy,” resulting in “embarrassment, stress, and anxiety” must satisfy the requirements for emotional distress damages. Defendant broadcasting private health information via short-wave radio airwaves does not meet the publication element for public disclosure of private facts.