When a caretaker assumes responsibility for a child, and when that caretaker owes a duty of care to the child’s parent or guardian, a claim against the caretaker for the negligent infliction of emotional distress may proceed when the parent or guardian later discovers, with irrefutable certainty, that the caretaker sexually abused that child and when that abuse severely impacted the parent or guardian’s emotional health.
Nick’s Packing Svcs., Inc. v. Chaney, No. 21A-SC-820, __ N.E.3d __ (Ind. Ct. App., Dec. 27, 2021).
Company who removed resident’s possessions during an eviction was a bailee of a mutual benefit bailment and had a duty to exercise ordinary care with resident’s possessions.
Lloyd v. Kuznar, No. 21A-CT-1338, __ N.E.3d __ (Ind. Ct. App., Dec. 28, 2021).
Trial court properly dismissed plaintiff’s claims because she failed to apprise the court of her new address, but the court should have set aside the default judgment on defendant’s counterclaim when the method of service on plaintiff was “nothing more than a mere gesture” because the defendant knew that the address for plaintiff was incorrect.
Clark County REMC v. Reis, No. 21S-CT-343, __ N.E.3d __ (Ind., Dec. 29, 2021).
Board policy, which established reimbursement benefits for former directors, was not an offer because it did not convey with reasonable certainty promises manifesting an intention or invitation to contract with another; no contract existed.
Family Dental Care, P.C. v. Mousa, No. 21A-PL-670, __ N.E.3d __ (Ind., Dec. 29, 2021).
Liquidated damages and attorney fees under the Wage Payment Statute were not available to plaintiff because she did not file a wage payment claim with the Department of Labor, even though the claim exceeded the $6,000 threshold.