Student who threw a punch at another student but instead hit his teacher committed the equivalent of battery against his teacher under the doctrine of transferred intent.
Droscha v. Shepherd, No. 52A02-1001-PL-26, __ N.E.2d __ (Ind. Ct. App., Aug. 3, 2010)
Indiana extends judicial and/or quasi-judicial immunity to arbitrators and their sponsors.
Indiana Bureau of Motor Vehicles v. McNeil, No. 02A03-1001-MI-90, ___ N.E.2d ___ (Ind. Ct. App., Aug. 5, 2010)
Trial court erred when it interpreted Ind. Code § 34-11-2-4(3) to impose a statute of limitations on the BMV’s ability to impose an administrative suspension.
City of Indianapolis v. Hicks, No. 49A02-1002-CT-95, ___ N.E.2d ___ (Ind. Ct. App., Aug. 10, 2010)
(1) City waived its challenge based on the magistrate’s lack of authority to grant Plaintiff’s motion to correct error by failing to object until after time for ruling on the motion expired; (2) waiver notwithstanding, trial court properly used a nunc pro tunc order to grant Plaintiff’s motion, because the CCS provides a sufficient written memorial indicating the trial court adopted the magistrate’s recommendation within the required time.
Lucas v. U.S.A. Bank, N.A., No. 28A01-0910-CV-482, ___ N.E.2d ___ (Ind. Ct. App., Aug. 11, 2010)
Although Mortgage Company’s mortgage foreclosure claim against Homeowners was equitable, Homeowners’ counterclaims based on consumer protection statutes were legal in nature; thus, Homeowners are entitled to a jury trial on their legal claims.