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.
J. Baker
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.
Henry v. Community Healthcare Sys., No. 21A-CT-2150, __ N.E.3d __ (Ind. Ct. App., Feb. 15, 2022).
Invasion of privacy by intrusion into emotional seclusion or solace and invasion of privacy by public disclosure of private facts are not recognized torts in Indiana.
Reinoehl v. St. Joseph Cnty. Health Dept., __ N.E.3d __ (Ind. Ct. App., Dec. 3, 2021).
Complaint, alleging various causes of action related to the schooling of plaintiffs’ children while there were COVID-19 restrictions, was properly dismissed pursuant to TR 12(B)(6).
Reece v. Tyson Fresh Meats, Inc., No. 20A-CT-214, __ N.E.3d __ (Ind. Ct. App., Aug. 20, 2020).
Defendant was not negligent when its grass grew so high that the grass blocked the view at the intersection because the “dangerous condition” was confined to defendant’s property.