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.
G. Slaughter
Clark County REMC v. Reis, No. 21S-CT-343, __ N.E.3d __ (Ind., Dec. 29, 2021).
Board policy, which established reimbursement benefits for former directors, was not an offer because it did not convey with reasonable certainty promises manifesting an intention or invitation to contract with another; no contract existed.
Lowe v. N. Ind. Commuter Transp. Dist., No. 21S-CT-295, __ N.E.3d __ (Ind., Dec. 16, 2021).
Northern District Commuter Transportation District is apolitical subdivision for purposes of the Indiana Tort Claims Act so was subject to its 180-day notice requirement
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.
Rotert v. Stiles, No. 21S-TR-452, __ N.E.3d __ (Ind., Oct. 8, 2021).
Statutory prohibition against restraints on marriage applies only to a devise to a spouse by will and not to other dispositions, like a trust.