Because plaintiff’s claims were for economic losses that arose from plaintiff’s complaint that it did not receive the benefit of its bargain, the damages claimed were not recoverable in tort and were best relegated to contract law.
E. Brown
Oatts v. State, No. 49A02-0805-CR-447, __ N.E.2d __ (Ind. Ct. App., Jan. 20, 2009)
The “sexual innocence inference” is that a young victim’s ability to describe the charged sexual molestation is proof that the molestation occurred; adopts the “compromise position” which admits an unrelated prior instance of sexual experience for the victim if the defendant shows that the prior sexual act occurred and that the prior sexual act was sufficiently similar to the charged sexual act to give the victim the knowledge to imagine the charged conduct.
Zaremba v. Nevarez, No. 64A05-0809-CV-524, ___ N.E.2d ___ (Ind. Ct. App., Dec. 30, 2008)
Trial court abused its discretion when it: (A) determined that a previous dismissal without prejudice could serve as res judicata for a subsequent refiling of the same claim; and (B) stated that a plaintiff who fails to appear one time for trial in a small claims case was required to seek relief pursuant to Ind. Trial Rule 60.