There is no visitation for pets; trial court should not have included in dissolution decree a provision which allows the family dog to travel back and forth between the parties’ households during parenting time.
WEOC, Inc v. Neibauer, No. 22A-CT-1869, __ N.E.3d __ (Ind. Ct. App., March 15, 2023)
Common law claim for negligent furnishing of alcoholic beverages is a claim upon which relief can be granted.
US Automatic Sprinkler Corp. v. Erie Ins. Exchange, No. 22S-CT-264, __ N.E.3d __ (Ind., March 6, 2023).
The absence of contractual privity between the contractor and other commercial tenants precludes them from recovery because the contractor’s allegedly negligent work posed a risk to only property and the commercial tenants suffered only property damage.
Town of Linden v. Birge, No. 22S-PL-352, __ N.E.3d __ (Ind., March 7, 2023).
Flooding issues on caused by Town’s drainage plan are properly analyzed as a per se permanent taking and that case is remanded for the trial court to decide (1) whether the flooding here amounted to a substantial permanent physical invasion of the Property (including that portion lying within the drainage easement), and (2) for a final determination of damages.
Brewer v. Clinton Cnty. Sheriff’s Office, No. 22A-CP-117, __ N.E.3d __ (Ind. Ct. App., March 9, 2023).
Commissioners’ authority to enact an ordinance generally applicable to all county buildings is limited by the Sheriff’s duty to use reasonable precautions to take care of inmates housed in the jail.