In a medical malpractice case, trial court could not address whether healthcare provider was statutorily immune from liability as a preliminary question of law.
J. Baker
Balash v. Mader, No. 24A-SC-792, __N.E.3d __ (Ind. Ct. App., Oct. 8, 2024).
The Home Improvement Contracts Act requires a contractor to provide a written contract; the oral agreement between homeowner and contractor was unenforceable and the award of damages was set aside.
Abbott v. Wegert, No. 23A-EV-3004, __ N.E.3d __ (Ind. Ct. App., July 3, 2024).
Small claims court did not have subject-matter jurisdiction to evict someone buying a house on contract; the property was worth more than $10,000 and the dispute was to ownership of the house.
Hayko v. State, No. 21A-CR-2407, __ N.E.3d __ (Ind. Ct. App., Sep. 28, 2022).
Ind. Rule of Evid. 608 sets forth two types of evidence; opinion and reputation. In contrast to reputation evidence, opinion testimony is admissible if rationally based on the witness’s perception and helpful to a clear understanding of the witness’s testimony or to a determination of a fact in issue.
Miller v. Patel, No. 21A-CT-2500, __ N.E.3d __ (Ind. Ct. App., May 24, 2022).
Plaintiff did not have a full and fair opportunity to litigate the issue of his criminal responsibility in the criminal case because he entered a plea agreement. It would be otherwise unfair to apply collateral estoppel to preclude plaintiff from attempting to rebut the inference of his sanity established by his plea of guilty but mentally ill.