Any issue which was raised by, or could have been raised by, a timely motion to correct error and timely direct appeal may not be subject of motion for relief from judgment.
Appeals
Wormgoor v. State Farm Mut. Auto Ins. Co., No. 21A-CT-2612, __ N.E.3d __ (Ind. Ct. App., Feb. 10, 2023).
A trial court has the discretion to award prejudgment interest upon a jury verdict, even when that amount exceeds a final judgment stipulated to by the parties.
Ind. Repertory Theatre, Inc. v. Cincinnati Cas. Co., No. 21A-CP-2848, __ N.E.3d __ (Ind. Ct. App., Feb. 13, 2023).
COVID-19 virus particles do not cause physical loss or damage to property so as to qualify as a covered loss under an insurance policy.
Rubendall v. Community Hospital of Anderson & Madison Cnty., No. 22A-CT-2223, __ N.E.3d __ (Ind. Ct. App., Feb. 1, 2023).
Damages for “loss of privacy,” resulting in “embarrassment, stress, and anxiety” must satisfy the requirements for emotional distress damages. Defendant broadcasting private health information via short-wave radio airwaves does not meet the publication element for public disclosure of private facts.
Johnson v. State, No. 22A-CR-427, __ N.E.3d __ (Ind. Ct. App., Jan. 24, 2023).
The trial court violated defendant’s federal and state constitutional rights of confrontation when the court required the witnesses to wear masks while testifying without entering specific facts of necessity. However, the error was harmless.