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| Atl. Coast Airlines v. Cook, No. 49S02-0505-CV-253,
SUPREME COURT OF INDIANA, December 6, 2006, Decided , December 6, 2006, Filed
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Overview: Passengers could not recover from an airline for negligent infliction of emotional distress when a French citizen on the airplane smoked a cigarette and stomped his feet because breathing the cigarette smoke and experiencing vibrations from the stomping constituted a very slight direct physical impact and the passengers' anxiety was only temporary.
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| Kinslow v. Geico Ins. Co., No. 49A04-0604-CV-197,
COURT OF APPEALS OF INDIANA, December 6, 2006, Decided , December 6, 2006, Filed
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Overview: When an insured received a settlement from a second driver, it set off the UM benefits the insured would have been entitled to receive for a third driver who had fled the scene of the accident. Under the unambiguous language of Ind. Code § 27-7-5-5(c), she could recover the lesser of the results of two calculations, which here resulted in zero.
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| Winchell v. Guy, No. 90A02-0604-CV-346,
COURT OF APPEALS OF INDIANA, December 6, 2006, Decided , December 6, 2006, Filed
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Overview: As a restaurant owed duty to a shooting victim to use reasonable care to protect her from injuries caused by another patron on its premises, and issues of causation and breach of duty were questions of fact for jury, trial court erred in granting the restaurant summary judgment under Ind. R. Trial P. 56(C) and dismissing victim's negligence suit.
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| Burkett v. W.T., No. 09A02-0604-JV-359,
COURT OF APPEALS OF INDIANA, December 7, 2006, Decided , December 7, 2006, Filed
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Overview: The trial court erred in denying an incarcerated father visitation without holding an evidentiary hearing. The father had not been convicted of sex offenses involving a minor, and Ind. Code § 31-14-14-1 plainly required a hearing before a trial court could find that visitation might endanger the child physically or impair his emotional development.
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| KLR Inc. v. Ind. Unemployment Ins. Review Bd., No. 93A02-0605-EX-385,
COURT OF APPEALS OF INDIANA, December 7, 2006, Decided , December 7, 2006, Filed
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Overview: Under circumstances in which an employer's president testified that notice of an ALJ hearing was not received and that the employer had never before missed an unemployment claim hearing, the employer presented evidence sufficient to rebut the presumption that it received the mailed notice. An award of benefits to an employee was reversed.
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| House v. First Am. Title Co., No. 15A05-0605-CV-232,
COURT OF APPEALS OF INDIANA, December 8, 2006, Decided , December 8, 2006, Filed
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Overview: When after a foreclosure was filed, a health department filed suit against the mortgagor and obtained an injunction against him, this did not affect the title of plaintiff, who bought the property from the mortgagee after a sheriff's sale. Thus, a title company did not violate the Unfair Claims Settlement Practice act by denying plaintiff's claim.
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| Olds v. Noel, No. 02A03-0606-CV-237,
COURT OF APPEALS OF INDIANA, December 8, 2006, Decided , December 8, 2006, Filed
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Overview: A mail carrier could not recover from house owners who had rented out their single-dwelling house when the carrier allegedly slipped on snow and ice on the sidewalk and injured his knee because the sidewalk was not a common area for purposes of landlord-tenant law and the carrier's proper action was against the tenants.
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| Raess v. Doescher, No. 49A02-0506-CV-490,
COURT OF APPEALS OF INDIANA, December 8, 2006, Decided , December 8, 2006, Filed
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Overview: Trial court erred in admitting the testimony of employee's expert witness that the co-worker who approached employee in an allegedly threatening manner was a "workplace bully;" even assuming admissibility under Ind. R. Evid. 702, the probative value of it was substantially outweighed by unfair prejudice to co-worker pursuant to Ind. R. Evid. 403.
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| United States Fid. & Guar. Ins. Co. v. Hartson-Kennedy Cabinet Top Co., No. 49A02-0604-CV-324,
COURT OF APPEALS OF INDIANA, December 8, 2006, Decided , December 8, 2006, Filed
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Overview: When a manufacturer had been notified that it was potentially liable for environmental contamination, and a 69-year-old CPA was the exclusive source of information relating to a purported insurance contract that would cover such liability, the manufacturer's motion to perpetuate his testimony under Ind. R. Trial P. 27(A) was properly granted.
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