Damages for “loss of privacy,” resulting in “embarrassment, stress, and anxiety” must satisfy the requirements for emotional distress damages. Defendant broadcasting private health information via short-wave radio airwaves does not meet the publication element for public disclosure of private facts.
R. Altice
Edna Martin Christian Center, Inc. v. Smith, No. 22A-CT-1420, __ N.E.3d __ (Ind. Ct. App., Jan. 30, 2023).
A personal representative of an estate may not assert a claim for emotional distress damages for the benefit of the decedent’s minor dependent children and nondependent adult children in a wrongful death action.
Passarelli v. State, No. 22A-CR-1116, __ N.E.3d __ (Ind. Ct. App., Jan. 9, 2023).
The objective component of self-defense, as adopted by our courts, is analyzed from the standpoint of an ordinary “reasonable person.” The question being presented to the fact-finder is whether an ordinary reasonable person would have responded with deadly force if confronted with the same circumstances that defendant confronted.
Teising v. State, No. 22A-CR-548, __ N.E.3d __ (Ind. Ct. App., Dec. 15, 2022).
The residency statutes illustrate that a person does not change residency by the mere fact of being physically present in another location; rather, the person must have intent to reside in the new location.
Lake Cnty. Bd. of Comm’rs v. Lake Cnty. Sheriff, No. 22A-PL-1559, __ N.E.3d __ (Ind. Ct. App., Nov. 16, 2022).
County sheriff has the authority to enter into contracts related to the operation of the jail and the care of its inmates.