When a box opened at the bottom and injured store customer, plaintiffs’ designated evidence did not create an issue of material fact to defeat defendant’s motion for summary judgment. Plaintiffs’ res ipsa loquitur claim also failed.
Supreme
Miller v. Patel, No. 21S-CT-455, __ N.E.3d __ (Ind., Oct. 7, 2021).
Emergency Medical Treatment and Labor Act’s statute of limitations does not preempt an amendment under Trial Rule 15(C).
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.
Bradbury v. State, No. 21S-PC-441, __ N.E.3d __ (Ind., Oct. 1, 2021).
Trial counsel was not ineffective for stipulating that defendant’s alleged accomplice, was convicted of murder because the stipulation did not relieve the State of the burden to prove defendant’s intent. Trial counsel pursued a reasonable all-or-nothing strategy when he chose not to seek a lesser-included instruction on reckless homicide.
Ramirez v. State, 20S-LW-430, __ N.E.3d __ (Ind., Sept. 23, 2021).
The trial court properly exercised its discretion with the respect to the admission of evidence and providing a supplemental jury instruction. Moreover, the imposition of life imprisonment without the possibility of parole was not inappropriate.