Gravesite purchaser, who discovered that the cemetery resold the gravesite and allowed someone else to be buried there, is entitled to correction of the wrongful burial.
Supreme
Estabrook v. Mazak Corp., No. 19S-CQ-590, __ N.E.3d __ (Ind., March 2, 2020).
Ind. Code 34-20-3-1(b) is a statute of repose that cannot be extended by a manufacturer’s post-delivery repair, refurbishment or reconstruction of the disputed product.
Burton v. Benner, No. 19S-CT-549, __ N.E.3d __ (Ind., March 3, 2020).
Off-duty police officer driving an unmarked police vehicle was not “clearly outside” the scope of his employment when he got in an accident.
Cavanaugh’s Sports Bar & Eatery, Ltd. v. Porterfield, No. 20S-CT-88, __ N.E.3d __ (Ind., March 3, 2020).
Courts should determine if a landowner has a duty based on whether the defendant knew or had reason to know of any present and specific contemporaneous evidence that would cause a reasonable person to recognize the probability or likelihood of imminent harm.
Heuring v. State, No. 19S-CR-528, __ N.E.3d __ (Ind., Feb. 20, 2020).
A hunch, or mere speculation, that a GPS unit was stolen from the target vehicle is insufficient to establish probable cause for a warrant to search the subject’s residence and/or his adjoining property.