Stalking conviction affirmed when alleged harassment included a twenty-two month hiatus, due largely to defendant’s incarceration.
Bunch v. State, No. 16A05-1007-PC-439, __ N.E.2d __ (Ind. Ct. App., Mar. 21, 2012).
Expert “fire victim toxicology analysis” testimony, developed as scientifically reliable after defendant’s arson felony murder trial, constituted newly discovered evidence and warranted a new trial.
Lakes v. Grange Mutual Casualty Co., No. 89S05-1109-CT-53, ___ N.E.2d ___ (Ind., March 20, 2012).
The tortfeasor’s vehicle was underinsured because the amount actually paid to the plaintiff was less than the per-person limit of liability of the underinsurance endorsement.
Klinker v. First Merchants Bank, N.A., No. 01S04-1107-PL-438, ___ N.E.2d ___ (Ind., March 20, 2012).
Although the plaintiff’s evidence tends to show multiple badges of fraud, it is not sufficient to warrant entry of summary judgment on the element of mens rea.
LaPorte Comm. School Corp. v. Rosales, No. 46S04-1105-CT-284, ___ N.E.2d ___ (Ind., March 20, 2012).
The language of one of the final jury instructions could have reasonably been interpreted and applied by the jury in a way that substantially misstated the plaintiff’s burden of proof to establish defendant’s negligence.