The doctrine of res ipsa loquitur may be applied to premises liability cases involving fixtures where an invitee is injured on a landowner’s premises.
Supreme
Fam. & Soc. Servs. Admin. v. Saint, No. 25S-MI-101, __N.E.3d __ (Ind., Apr. 23, 2025).
For purposes of the Access to Public Records Act, material must originate from and be communicated by employees of the same agency to qualify as “intra-agency.”
Nardi v. King, No. 25S-PL-64, __ N.E.3d __ (Ind., March 18, 2025).
The trial court did not abuse its discretion in finding plaintiff “substantially” prevailed in his APRA suit by obtaining a wrongfully withheld public record, even though he received only a portion of all requested records. A plaintiff who has substantially prevailed can recover attorney’s fees for time spent on unsuccessful claims if it is indivisible from the time spent on the successful claim.
Hoagland Family Ltd. Partnership v. Town of Clear Lake, No. 25S-PL-66, __ N.E.3d __ (Ind., March 18, 2025).
Trial court’s dismissal under TR 12(B)(8) should have been a dismissal without prejudice. A dismissal with prejudice is conclusive of the rights of the parties and is res judicata as to any questions that might have been litigated.
Turner v. State, No. 24S-CR-147, __ N.E.3d __ (Ind., March 12, 2025).
Defendant is not deprived of the benefit of hindsight when it reveals their conduct was necessary in self-defense, even though that necessity wasn’t fully apparent in the moment