Logistics











Richard T. Payne

Alice Weest v. Board of School Commissioners of the City of Indianapolis and Indianapolis Education Association
( 162 Ind. App. 614; 320 N.E.2d 748; 1974 Ind. App. LEXIS 885; 88 L.R.R.M. 2208)
Determined that school corporations had authority to enter into collective bargaining agreements providing for exclusive representation of all teachers by their majority elected representative. The majority elected representative had authority to bargain on behalf of all teachers in the unit designated by the consent election agreement.

Rex Insurance Company v. Myrtle Baldwin
(163 Ind. App. 308; 323 N.E.2d 270; 1975 Ind. App. LEXIS 1034)
Established principle that punitive damages could be awarded for wrongful denial of insurance claim after incontestability period of policy had expired.

Palace Pharmacy, Inc., Fidelity and Deposit Company of Maryland v. Gardner & Guidone, Inc., Jos. Guidone's Food Palace
(164 Ind. App. 513; 329 N.E.2d 642; 1975 Ind. App. LEXIS 1179)
Outcome of trial on permanent injunction determined whether TRO without notice and Preliminary Injunction were wrongfully entered.

Timothy J. Kelley v. Deborah Scott Kelley
(180 Ind. App. 19; 387 N.E.2d 452; 1979 Ind. App. LEXIS 1076)
Personal jurisdiction is acquired over a nonresident defendant who executes an agreed entry approved by the court.

Joseph Rees v. John H. Heyser
(404 N.E.2d 1183; 1980 Ind. App. LEXIS 1481; 76 Ind. Dec. 276; 14 A.L.R.4th 1376)
The statute of limitations for an action based upon an unwritten promise to pay money with an indefinite time for repayment expires when a reasonable time for repayment has expired.

Indiana Insurance Co. v. Federated Mutual Insurance Co.
(415 N.E.2d 80; 1981 Ind. App. LEXIS 1218)
Excess clause liability apportioned equally between insureds’ insurance companies where each company’s policy had mutually repugnant provisions.

George Siskind v. Naomi Siskind
(415 N.E.2d 771; 1981 Ind. App. LEXIS 1235)
Collection of alimony arrearage not subject to state law maximum collection rate of 25% of net disposable earnings.

Albert Nahmias and Dora Nahmias v. Trustees of Indiana University, Indiana University Hospital and Beng Tek Joe, M.d.
(444 N.E.2d 1204; 1983 Ind. App. LEXIS 2596)
Statute of limitations for medical malpractice commenced when the treatment occurred rather than upon its later discovery.

Indiana Education Employment Relations Board and Mill Creek Community School Corporation Board of School Trustees v. Mill Creek Classroom Teachers Association, George Shepherd, and Linda Trout
(456 N.E.2d 709; 1983 Ind. LEXIS 1023)
School corporation enjoined from violation of Indiana Code status quo provisions during contract negotiations due to failure to grant teachers experience based salary increases required by the old contract.

Sink & Edwards, Inc. V. Huber, Hunt & Nichols, Inc.
(458 N.E.2d 291; 1984 Ind. App. LEXIS 2217)
Construction contract provision for indemnification of general contractor by subcontractors for general contractor’s negligence enforced.

Patricia Everidge v. American Security Corporation
(464 N.E.2d 374; 1984 Ind. App. LEXIS 2729)
Judgment lien enforceable against real property after bankruptcy discharge of the promissory note where bankrupt did not seek relief against the lien from the bankruptcy court.

Winona Memorial Foundation of Indianapolis and Winona Memorial Hospital v. Rochelle A. Lomax
(465 N.E.2d 731; 1984 Ind. App. LEXIS 2759)
Plaintiff patient’s premises liability claim for slip and fall on hospital property not within the purview of the Medical Malpractice Act requirement of a medical review panel opinion.

First Savings and Loan Association of Central Indiana v. Carol C. Treaster, Wince Covher, Pearl Covher, James F. Pesicka, Kon Pesicka, Greenfield Banking Company, Carpenter Better Homes and Gardens, John Wolfe, and Lawrence M. Lunn
(490 N.E.2d 1149; 1986 Ind. App. LEXIS 2482)
Real estate lease with purchase option was not a sale of the real estate and did not violate mortgage company’s due on assumption or sale clause.

Richard Lewis and RAL Engineering and Construction Corporation v. Paul Lockard and Dana Joyce Lockard, Richard Allen Corporation, Fox Chase Homeowners Association, Inc., Terry Arnett and Jerry Arnett, d/b/a Northside Landscaping and Excavating, Inc.
(498 N.E.2d 1024; 1986 Ind. App. LEXIS 3052)
Injured employee may pursue both Workman’s Compensation and an independent claim against a third party

Lazarus Department Store v. Patricia Sutherlin and Richard Sutherlin
(544 N.E.2d 513; 1989 Ind. App. LEXIS 927)
False arrest and malicious prosecution judgment for compensatory and punitive damages upheld upon plaintiffs’ rebuttal of the existence of the existence of probable cause for arrest and prosecution for theft.

Elizabeth Weaver and Richard Weaver v. Dr. Earle Robinson, Dr. Louis Star, Dr. Alan Patterson, Dr. Betty Raney, Dr. Keltner, Methodist Hospital of Indiana, and Metrohealth
(627 N.E.2d 442; 1993 Ind. App. LEXIS 1573)
Medical malpractice plaintiff must present expert evidence to contradict Medical Malpractice Review Board decision that physician performing laparoscopic examination met the applicable standard of care in order to show causal link between breach of standard of care and injury to patient. Hospital not liable for negligent actions of independent contractor physician.

John Doe v. Methodist Hospital, Lizzie Cameron, Logan Cameron and Cathy Duncan
(639 N.E.2d 683; 1994 Ind. App. LEXIS 1159; 22 Media L. Rep. 2280)
Invasion of privacy related to disclosure of positive HIV status not shown by publication of confidential medical information to two co-employees.

The City of Indianapolis, et al., vs. Nancy Hobbs Taylor, Individually and as Administratrix of the Estate of Michael H. Taylor, Jr.
(707 N.E.2d 1047; 1999 Ind. App. LEXIS 456)
Wrongful death and civil rights action judgment against Indianapolis Police Department related to death by gunshot of juvenile in custody upheld.

Estie Darlene Borgman and Dennis Borgman vs. State Farm Insurance Co. and Sugar Creek Animal Hospital
(713 N.E. 2d 851 (CA 1999))
Claim for personal injury during employment and bad faith denial of workman’s compensation coverage by employer solely within the jurisdiction of the Worker’s Compensation Board.