The Indiana Product of Liability Act statute of repose does not apply in cases where there is prolonged exposure to inherently dangerous foreign substances like asbestos.
L. Rush
Wilford v. State, No. 49S02-1602-CR-110, ___ N.E.3d ___ (Ind., Feb. 26, 2016).
Officer’s conclusory testimony failed to establish how his decision to impound a car conformed to an established departmental impound policy; impoundment and subsequent inventory search were therefore invalid.
Ward v. State, No. 49S02-1602-CR-96, ___ N.E.3d ___ (Ind., Feb. 19, 2016).
Domestic battery victim’s statements to forensic nurse identifying her attacker were not barred as testimonial hearsay because they were given for “primary purpose” of medical treatment, which includes “safety plan” for discharge.
In re: Indiana State Fair Litigation, No. 49S02-1601-CT-51, ___ N.E.3d ___, (Ind. Jan. 28, 2016).
Indemnity language on back of vendor’s invoice could not be applied retroactively to liabilities predating the invoice; retroactive effect was not “clearly and unequivocally” expressed in invoice language, and could not be inferred from parties’ course of dealing.
Gertiser v. Stokes, No. 29S02-1511-DR-643, __ N.E.3d __ (Ind., Nov. 10, 2015).
Revoking spousal maintenance requires proof “not merely that the maintenance award had become unreasonably excessive, but its very existence had become unreasonable.”