The test for awarding credit for pre-trial confinement remains whether the defendant’s pre-trial confinement is the result of the criminal charge for which the sentence is being imposed, including where plea agreements involving multiple cases are involved.
Edna Martin Christian Center, Inc. v. Smith, No. 22A-CT-1420, __ N.E.3d __ (Ind. Ct. App., Jan. 30, 2023).
A personal representative of an estate may not assert a claim for emotional distress damages for the benefit of the decedent’s minor dependent children and nondependent adult children in a wrongful death action.
Expert Pool Builders, LLC v. Vangundy, No. 22A-PL-1499, __ N.E.3d __ (Ind. Ct. App., Jan. 18, 2023).
Defendant waived his appeal of the default judgment by failing to file a T.R. 60(B) motion to set aside the default judgment; a motion to correct error did not preserve the issue.
Lash v. Kreigh, No. 22A-CC-1069, __ N.E.3d __ (Ind. Ct. App., Jan. 18, 2023).
The proper calculation of damages based on the theory of quantum meruit used the plaintiff’s reasonable value of the work performed.
Brugh v. Milestone Contractors, LP, No. 22A-CT-845, __ N.E.3d __ (Ind. Ct. App., Jan. 11, 2023).
Surviving spouse timely substituted herself as the real party in interest within the prescribed time limitations of the Indiana Wrongful Death Stature; the deadline was tolled by the Supreme Court’s orders regarding COVID-19.