The Indiana Tort Claims Act’s discretionary function immunity provision does not apply to a negligent redesign of a highway claim.
Appeals
Wilson v. Wilson, No. 23A-DC-1384, __ N.E.3d __ (Ind. Ct. App., Oct. 31, 2023).
Father’s child support was not offset by adult disabled daughter’s monthly Social Security Disability Insurance benefit.
Wohlt v. Wohlt, No. 22A-DR-2685, __ N.E.3d __ (Ind. Ct. App., Oct. 27, 2023).
In a divorce, a large asset that had been forgotten by both parties at the time of signing the property settlement agreement was not subject to later division by the court because the asset was included under “assets of the business.”
Cassity v. State, No. 23A-CR-209, __ N.E.3d __ (Ind. Ct. App., Oct. 30, 2023).
A law enforcement officer initiating a traffic stop must be wearing a distinctive uniform and a badge of authority. A distinctive uniform is the specific design, color, and patches officially adopted by the governmental authority employing the police officer so as to inform the public that the person stopping them is, in fact, a police officer employed by that respective department.
City of Carmel v. Barham Investments, LLC, No. 22A-PL-2399, __ N.E.3d __ (Ind. Ct. App., Oct. 30, 2023).
The taking of real property by eminent domain extinguishes any easements burdening the property.