20 Indiana opinions name it 2 courts 1911–2023 1 in the last five years
The cases below were cited by Indiana courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
Ross v. Cheemagreen2 sentences2010The Court subsequently explained that "the modified rule maintains the requirement of a direct impact, but that impact need not result in a physical injury, nor need the emotional trauma result from a physical injury." Ross v. Cheema, 716 N.E.2d 435, 436-437 (Ind.1999). 2006For purposes of the modified rule, the direct impact sustained by the plaintiff must necessarily be a 'physical' one." Id. (rejecting claim that plaintiff sustained the direct physical impact necessary to recover damages for negligent infliction of emotional distress by merely hearing a loud pounding at her door). | 1 | 2 |
Shuamber v. Hendersongreen2 sentences2006We held instead: When ... a plaintiff sustains a direct impact by the negligence of another and, by virtue of that direct involvement sustains an emotional trauma which is serious in nature and of a kind and extent normally expected to occur in a reason *996 able person, ... such a plaintiff is entitled to maintain an action to recover for that emotional trauma without regard to whether the emotional trauma arises out of or accompanies any physical injury to the plaintiff, Shuamber v. Henderson, 579 N.E.2d 452, 456 (Ind.1991). 1994Id. at 456 , J.L. & R.L. v. Mortell (1994), Ind.App., 633 N.E.2d 300, 804 . | 1 | 2 |
J.L. v. Mortellgreen2 sentences1998See J.L. v. Mortell, 633 N.E.2d 300, 304 (Ind.Ct.App.1994) (under modified rule, plaintiff who had suffered direct impact when therapist performed vaginal massage on her was entitled to maintain an action to recover for emotional trauma without regard to whether trauma arose out of or accompanied any physical injury), trans. denied. 1994Id. at 456 , J.L. & R.L. v. Mortell (1994), Ind.App., 633 N.E.2d 300, 804 . | 1 | 2 |
Bailey v. Stategreen1 sentence2013See Bailey, 472 N.E.2d at 1263-65 (concluding that no ineffective assistance of counsel was established by counsels’ failure to request a jury instruction that would anticipate a change in substantive law). | 1 | 1 |
Atlantic Coast Airlines v. Cookgreen1 sentence2010The modified impact rule has been reaffirmed numerous times, however, requiring "a plaintiff to demonstrate a direct physical impact resulting from the negli-genee of another." Atlantic Coast Airlines v. Cook, 857 N.E.2d 989, 997 (Ind.2006). | 1 | 1 |
Sims Mtr. Transp. Lines, Inc. v. Davis, Admx.green2 sentences1997See Sims Motor Transport Lines, Inc. v. Davis, 126 Ind.App. 344 , 130 N.E.2d 82 (1955) (appellant waived his objection to an opponent’s instruction by not objecting to the modified instruction). 1997See Sims Motor Transport Lines, Inc. v. Davis, 126 Ind.App. 344 , 130 N.E.2d 82 (1955) (appellant waived his objection to an opponent’s instruction by not objecting to the modified instruction). | 1 | 1 |
Fritz v. Stategreen2 sentences1956And if there is a reasonable doubt in your mind of his sanity at the time of the commission of this offense, the law requires that you find him not guilty.” This instruction as tendered was based upon the law declared in Fritz v. State (1912), 178 Ind. 463, 466, 467 , 99 N. E. 727 , supra. The modified instruction the court did give omitted everything after the first two sentences. 1956And if there is a reasonable doubt in your mind of his sanity at the time of the commission of this offense, the law requires that you find him not guilty.” This instruction as tendered was based upon the law declared in Fritz v. State (1912), 178 Ind. 463, 466, 467 , 99 N. E. 727 , supra. The modified instruction the court did give omitted everything after the first two sentences. | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Indiana. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Litchfield v. State
green
1 sentence2023Because the jurisdictional rule at issue here doesn’t quite fit the Teague analysis, we offer a modified rule to guide us in similar cases going forward: When a decision implicates a new jurisdictional rule, as in K.C.G., we apply the principle of non-retroactivity, rather than vacate a 17In relevant part, Litchfield held that, for a warrantless trash search to be reasonable, police (1) must retrieve the trash “in substantially the same manner as the trash collector would take it” and (2) must possess an “articulable individualized suspicion” that the subject of the search was engaged in illeg | 1 | 2023–2023 |
California Division of Labor Standards Enforcement v. Dillingham Construction, N. A.
green
1 sentence2020Dillingham, 519 U.S. at 325 . | 1 | 2020–2020 |
Juan M. Garrett v. State of Indiana
green
1 sentence2015Court of Appeals of Indiana | Memorandum Decision 49A02-1409-CR-654 | November 5, 2015 Page 12 of 13 [20] In deciding Garrett, our Supreme Court acknowledged the unique character of the case by stating that “in a different factual context this modified test may prove challenging in its application.” 992 N.E.2d at 723 . | 1 | 2015–2015 |
People v. Jones
green
2 sentences2013In these circumstances, the modified instruction’s 8 requirement that the jury reach a unanimous verdict as to all of the acts described by the victim within the time period charged safeguards the unanimity requirement because “‘if the jury believes the defendant committed all the acts it necessarily believes he committed each specific act.’” Id. (quoting Jones, 792 P.2d at 659 ). 2013In these circumstances, the modified instruction’s 8 requirement that the jury reach a unanimous verdict as to all of the acts described by the victim within the time period charged safeguards the unanimity requirement because “‘if the jury believes the defendant committed all the acts it necessarily believes he committed each specific act.’” Id. (quoting Jones, 792 P.2d at 659 ). | 1 | 2013–2013 |
Reeves v. Sanderson Plumbing Products, Inc.
green
2 sentences2009On the other hand if the defendant's proffered explanation is false, or in the words of McDomnell Douglas a "pretext," then the result is often victory for the plaintiff. 4 Under a modified framework, to prevail after the defendant produces a legitimate, nondiscriminatory reason for its conduct, the plaintiff must prove by a preponderance of the evidence either (1) that the defendant's reason is not true, but is instead a pretext for discrimination (single-motive alternative), see Reeves v. Sanderson Plumbing Prods., Inc., 530 U.S. 133, 142-43 , 120 S.Ct. 2097 , 147 L.Ed.2d 105 (2000) (onee em 2009On the other hand if the defendant's proffered explanation is false, or in the words of McDomnell Douglas a "pretext," then the result is often victory for the plaintiff. 4 Under a modified framework, to prevail after the defendant produces a legitimate, nondiscriminatory reason for its conduct, the plaintiff must prove by a preponderance of the evidence either (1) that the defendant's reason is not true, but is instead a pretext for discrimination (single-motive alternative), see Reeves v. Sanderson Plumbing Prods., Inc., 530 U.S. 133, 142-43 , 120 S.Ct. 2097 , 147 L.Ed.2d 105 (2000) (onee em | 1 | 2009–2009 |
Strickland v. Washington
green
2 sentences2007We review ineffective assistance of trial counsel claims under the two-prong test set out in Strickland v. Washington, 466 U.S. 668 , 104 S.Ct. 2052 , 80 L.Ed.2d 674 (1984). 2007We review ineffective assistance of trial counsel claims under the two-prong test set out in Strickland v. Washington, 466 U.S. 668 , 104 S.Ct. 2052 , 80 L.Ed.2d 674 (1984). | 1 | 2007–2007 |
Street v. State
green
1 sentence1991The Court of Appeals did not have before it this Court's recent opinion in Street v. State (1991), Ind., 567 N.E.2d 102 , when it decided appellant's claim. | 1 | 1991–1991 |
Hubbard Manufacturing Co. v. Greeson
green
1 sentence1991Co., Inc. v. Greeson (1987), Ind., 515 N.E.2d 1071, 1073-1074 , our supreme court adopted a modified test for determining the choice of substantive law to be applied in a tort case. | 1 | 1991–1991 |
B. A. Kipp Co. v. Waldon
neutral
1 sentence1990Id. | 1 | 1990–1990 |
Crownover v. State
green
1 sentence1990In Brown County Art Guild, supra, the appellant Art Guild argued the trial court erred in ordering specific performance because a material element of the oral contract, the price, had not been established. | 1 | 1990–1990 |
Coles v. Peck
green
1 sentence1990In Coles v. Peck (1884), 96 Ind. 333 , our supreme court applied the modified rule after noting language establishing the determination of a property's value by appraisal may be "treated as non-essential, and as more in the nature of a suggestion, regarding the stipulation itself as virtually an agreement to sell the property at a fair price." Id. at 840. | 1 | 1990–1990 |
Thornton Ex Rel. Thornton v. Pender
green
2 sentences1990Conway’s tendered instruction contained references to “travelers along the side of the highway” and “vehicles approaching the highway from another intersecting roadway.” The record reveals no evidence of “travelers along the side of the highway” or “vehicles approaching from another intersecting roadway.” Moreover, the instruction as modified sufficiently covered what is meant by a “proper lookout.” The modified instruction quoted language from the Indiana Supreme Court defining “a proper lookout.” See Thorton v. Pender (1978), 268 Ind. 540, 544 , 377 N.E.2d 613, 617 . 1990Conway’s tendered instruction contained references to “travelers along the side of the highway” and “vehicles approaching the highway from another intersecting roadway.” The record reveals no evidence of “travelers along the side of the highway” or “vehicles approaching from another intersecting roadway.” Moreover, the instruction as modified sufficiently covered what is meant by a “proper lookout.” The modified instruction quoted language from the Indiana Supreme Court defining “a proper lookout.” See Thorton v. Pender (1978), 268 Ind. 540, 544 , 377 N.E.2d 613, 617 . | 1 | 1990–1990 |
W. H. Barber Co. v. Hughes
green
1 sentence1987"The court will consider all acts of the parties touching the transaction in relation to the several states involved and will apply as the law governing the transaction the law of that state with which the facts are in most intimate contact." Id. at 586 , 68 N.E.2d at 428. | 1 | 1987–1987 |
Kosanovic v. Ivey
green
2 sentences1980Kosanovic v. Ivey, (1968) 142 Ind.App. 481 , 235 N.E.2d 501 ; Indiana Rules of Procedure, T.R. 51(C). 1980Kosanovic v. Ivey, (1968) 142 Ind.App. 481 , 235 N.E.2d 501 ; Indiana Rules of Procedure, T.R. 51(C). | 1 | 1980–1980 |
Greentree v. State
neutral
2 sentences1978Greentree v. State, (1976) 265 Ind. 47 , 351 N.E.2d 25 ; Brown v. State, supra. In the case at hand, appellant failed to object at trial to the giving of the modified instruction. 1978Greentree v. State, (1976) 265 Ind. 47 , 351 N.E.2d 25 ; Brown v. State, supra. In the case at hand, appellant failed to object at trial to the giving of the modified instruction. | 1 | 1978–1978 |
Hartshorn v. . Chaddock
green
2 sentences1911Hartshorn v. Chaddock (1892), 135 N. Y. 116 , 31 N. E. 997 , 17 L. 1911Hartshorn v. Chaddock (1892), 135 N. Y. 116 , 31 N. E. 997 , 17 L. | 1 | 1911–1911 |
Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.