Indiana Case Commentaries

Re-defining the Admissibility of Prior Statements: Modesitt v. State

Date: Sep 27, 1991

Re-defining the Admissibility of Prior Statements: Modesitt v. State Introduction Modesitt v. State, 578 N.E.2d 649 (Supreme Court of Indiana, 1991), marks a pivotal moment in Indiana's legal...

Physician's Duty to Third Parties: Insights from WEBB v. JARVIS

Date: Sep 25, 1991

Physician's Duty to Third Parties: Insights from WEBB v. JARVIS Introduction The case of Orville Lynn Webb, M.D., Appellant, v. Thomas D. Jarvis and Madeline Jarvis, Appellees explores the extent of...

Indiana Supreme Court Establishes Precedent Denying Compensation to Mental Hospital Patients for Involuntary Labor

Date: Sep 18, 1991

Indiana Supreme Court Establishes Precedent Denying Compensation to Mental Hospital Patients for Involuntary Labor Introduction In the landmark case of EVAN BAYH, AS GOVERNOR OF THE STATE OF INDIANA,...

Parental Authority in Withdrawal of Life-Sustaining Treatment for Incompetent Adults

Date: Sep 17, 1991

Parental Authority in Withdrawal of Life-Sustaining Treatment for Incompetent Adults Introduction The case of In the Matter of Sue Ann Lawrance, An Incompetent Adult (579 N.E.2d 32) adjudicated by...

Indiana Supreme Court Rules Against Wrongful Life Claims in Cowe v. Forum Group, Inc.

Date: Jul 26, 1991

Indiana Supreme Court Rules Against Wrongful Life Claims in Cowe v. Forum Group, Inc. Introduction Cowe v. Forum Group, Inc., 575 N.E.2d 630 (Ind. 1991), is a landmark decision by the Supreme Court...

Indiana Supreme Court Reinforces Confrontation Rights: Limitations on Videotaped Testimony of Child Witnesses

Date: Jun 29, 1991

Indiana Supreme Court Reinforces Confrontation Rights: Limitations on Videotaped Testimony of Child Witnesses Introduction In the landmark case of Michael BRADY v. STATE of Indiana, the Supreme Court...

Indiana Supreme Court Establishes Duty of Reasonable Care for Social Guests in Premises Liability

Date: Jun 4, 1991

Indiana Supreme Court Establishes Duty of Reasonable Care for Social Guests in Premises Liability Introduction In the landmark case of BURRELL v. MEADS (1991), the Supreme Court of Indiana addressed...

Indiana Supreme Court Overturns "Impact Rule" in Emotional Distress Claims: CULLISON v. MEDLEY

Date: Apr 24, 1991

Indiana Supreme Court Overturns "Impact Rule" in Emotional Distress Claims: CULLISON v. MEDLEY Introduction CULLISON v. MEDLEY, 570 N.E.2d 27 (Indiana Supreme Court, 1991), is a landmark case that...

Clarification on Specific Intent in Attempted Murder: Spradlin v. State

Date: Apr 16, 1991

Clarification on Specific Intent in Attempted Murder: Spradlin v. State Introduction The case of Michael Spradlin and Timothy Spradlin v. State of Indiana (569 N.E.2d 948) presents a pivotal moment...

Equitable Estoppel and Statute of Limitations: Insights from PARAMO v. EDWARDS

Date: Dec 13, 1990

Equitable Estoppel and Statute of Limitations: Insights from PARAMO v. EDWARDS Introduction The Supreme Court of Indiana’s decision in PARAMO v. EDWARDS (563 N.E.2d 595, 1990) provides a pivotal...

Double Jeopardy in Sentencing: Overlapping Charges in Wethington v. State of Indiana

Date: Oct 5, 1990

Double Jeopardy in Sentencing: Overlapping Charges in Wethington v. State of Indiana Introduction WILLIAM L. WETHINGTON, APPELLANT, v. STATE OF INDIANA, APPELLEE, 560 N.E.2d 496 (Ind. 1990), is a...

Supreme Court of Indiana Reaffirms Traditional Common Law on Landlord’s Consent for Lease Assignments

Date: Sep 11, 1990

Supreme Court of Indiana Reaffirms Traditional Common Law on Landlord’s Consent for Lease Assignments Introduction The case of First Federal Savings Bank of Indiana v. Key Markets, Inc., decided on...

Reversal of Arson Sentencing in Bustamante v. State: Implications for Double Jeopardy and Sentencing Procedures

Date: Aug 8, 1990

Reversal of Arson Sentencing in Bustamante v. State: Implications for Double Jeopardy and Sentencing Procedures Introduction Bustamante v. State, 557 N.E.2d 1313 (Ind. 1990), is a landmark decision...

Expanding Employer Liability: The Common Carrier Exception in Stropes v. The Heritage House Children's Center

Date: Mar 2, 1990

Expanding Employer Liability: The Common Carrier Exception in Stropes v. The Heritage House Children's Center Introduction Stropes v. The Heritage House Children's Center of Shelbyville, Inc. is a...

Indiana Supreme Court Overrules "Equal or Superior Knowledge" Rule in Premises Liability

Date: Jan 30, 1990

Indiana Supreme Court Overrules "Equal or Superior Knowledge" Rule in Premises Liability Introduction The case of DOUGLASS v. IRVIN (549 N.E.2d 368) serves as a pivotal decision in Indiana's tort...

Kim Pepkowski v. Life of Indiana Insurance Co.: Clarifying Apparent Agency and Retaliatory Discharge in Insurance Claims

Date: Mar 29, 1989

Kim Pepkowski v. Life of Indiana Insurance Co.: Clarifying Apparent Agency and Retaliatory Discharge in Insurance Claims Introduction In the landmark case of Kim Pepkowski v. Life of Indiana...

Indiana Supreme Court Establishes Planning/Operational Test for Discretionary Function Immunity under ITCA

Date: Sep 10, 1988

Indiana Supreme Court Establishes Planning/Operational Test for Discretionary Function Immunity under ITCA Introduction The Indiana Supreme Court, in the landmark cases of Richey Wayne Peavler v....

Enhancing Jury Credibility Assessment: Insights from Lopez v. State of Indiana

Date: Sep 7, 1988

Enhancing Jury Credibility Assessment: Insights from Lopez v. State of Indiana Introduction Lopez v. State of Indiana, 527 N.E.2d 1119 (1988), is a pivotal case adjudicated by the Supreme Court of...

Alternative Grounds for Punitive Damages Established in Indiana's Supreme Court: BUD WOLF CHEVROLET, INC. v. ROBERTSON

Date: Feb 6, 1988

Alternative Grounds for Punitive Damages Established in Indiana's Supreme Court: BUD WOLF CHEVROLET, INC. v. ROBERTSON Introduction The case of Bud Wolf Chevrolet, Inc. v. George and Patsy Robertson...

Establishing a Public Policy Exception to Employment at Will: McClanahan v. Remington Freight Lines

Date: Jan 7, 1988

Establishing a Public Policy Exception to Employment at Will: McClanahan v. Remington Freight Lines Introduction The case of John H. McClanahan v. Remington Freight Lines, Inc., adjudicated by the...