Carriers have the primary duty for loading and securing cargo. If the shipper assumes a legal duty of safe loading, it becomes liable for injuries resulting from any latent defect.
Ladra v. State, No. 21S-CT-235, __ N.E.3d __ (Ind., Dec. 9, 2021).
When the government knows of an existing defect in a public thoroughfare, and when it has ample opportunity to respond, immunity does not apply simply because the defect manifests during recurring inclement weather.
Staat v. Ind. Dept. of Transportation, No. 21S-CT-240, __ N.E.3d __ (Ind., Dec. 9, 2021).
A government entity is “not liable” for a loss or injury resulting from the “temporary condition of a public thoroughfare . . . that results from weather.” Because the evidence designated by the government establishes that the weather-induced condition continued to worsen at the time of the accident, the Court holds that the condition was temporary and the government immune from liability.
Posso v. State, No. 21A-CR-369, __ N.E.3d __ (Ind. Ct. App., Nov. 30, 2021).
A defendant is entitled to be advised of his Indiana constitutional right to the presence and advice of counsel before making the decision to consent to a search of a motel room, vehicle, and/or cell phone.
Reinoehl v. St. Joseph Cnty. Health Dept., __ N.E.3d __ (Ind. Ct. App., Dec. 3, 2021).
Complaint, alleging various causes of action related to the schooling of plaintiffs’ children while there were COVID-19 restrictions, was properly dismissed pursuant to TR 12(B)(6).