The General Assembly’s recent codification of Criminal Rule 26 enhance, rather than restrict, the broad discretion entrusted to trial courts when executing bail.
C. Goff
K.G. v. Smith, No. 21S-CT-561, __ N.E.3d __ (Ind., Dec. 22, 2021).
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.
Wilkes v. Celadon Group, Inc., No. 19S-CT-564, __ N.E.3d __ (Ind., Dec. 6, 2021).
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.