Negligence instruction on factual propositions plaintiff had to prove reversibly suggested defendant could be negligent without breaching duty of reasonable care, notwithstanding another instruction on the reasonable care element.
LaPorte Community School Corp. v. Rosales, No. 46A04-1001-CT-4, __ N.E.2d ___ (Ind. Ct. App., Oct. 27, 2010)
Home seller may be held liable for fraudulent misrepresentations made on the IC 32-21-5-7 Sales Disclosure Form if the buyer can prove the seller’s actual knowledge of the defect at the time the form is completed.
Small claims proceeding supplemental order to pay $50 per month was based on a proper determination of ability to pay, but order for debtor to make five job applications per week was an abuse of discretion.
Supreme court’s proceeding supplemental procedure for trial court to determine unrepresented debtor’s entitlement to UCCC or resident-householder exemption does not require the trial court to determine unrepresented debtor’s possible entitlement to other exemptions.
A woman who was asleep in the passenger seat of her car, which her friend was driving, did not thereby commit the public intoxication offense.