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.
Appeals
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.
A.A. v. State, No. 22A-CR-1757, __ N.E.3d __ (Ind. Ct. App., Jan. 27, 2023).
The Trial Rules govern discovery and, as incorporated by Indiana’s Criminal Rules, apply to all criminal proceedings so far as they are not in conflict with any specific rule adopted by the Indiana Supreme Court for the conduct of criminal proceedings.