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Breeck v. City of Madison

592 N.E.2d 700 (Ind. Ct. App. 1992)
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Breeck v. City of Madison

8 Citing cases

  1. Sambrooks v. Choiseme

    No. 2:12-CV-102 (N.D. Ind. Feb. 25, 2015)

    A court may grant summary judgment to resolve punitive damages claims. Breeck v. City of Madison, 592 N.E.2d 700, 703 (Ind. Ct. App. 1992). Under Indiana law:

  2. Boyle v. Infrasource Constr., LLC

    No. 3:13-CV-732 (N.D. Ind. Dec. 3, 2014)

    A court may grant summary judgment to resolve punitive damages claims. Breeck v. City of Madison, 592 N.E.2d 700, 703 (Ind. Ct. App. 1992). Under Indiana law:

  3. U.S. v. Clark County, Indiana, (S.D.Ind. 2002)

    234 F. Supp. 2d 934 (S.D. Ind. 2002)   Cited 3 times
    Applying Indiana law to preclusion issues

    In order to establish claim preclusion under Indiana law, the proponent must establish that: (1) the former judgment was issued by a court with jurisdiction; (2) the matter now in issue was or might have been determined in the former suit; (3) the parties or their privies are identical; and (4) there was a judgment on the merits. Breeck v. City of Madison, 592 N.E.2d 700, 704-05 (Ind.Ct.App. 1992). The parties' dispute here centers on the first and third requirements; namely, whether the Indiana Tax Court had jurisdiction over ICI's appeal of Clark County's tax levy and whether ICI and the United States are in privity with one another.

  4. USA Life One Insurance v. Nuckolls

    682 N.E.2d 534 (Ind. 1997)   Cited 135 times
    Concluding that an insurer's broad, literal reading of a coverage exclusion would produce an absurd result and construing the contract in favor of the insured

    A court may grant summary judgment to resolve a punitive damages claim. See Breek v. City of Madison, 592 N.E.2d 700, 703 (Ind. Ct. App. 1992). In looking to the evidence designated by the parties, we find that USA Life has met its burden while the Nuckolls have not.

  5. Downs v. State

    827 N.E.2d 646 (Ind. Ct. App. 2005)   Cited 5 times

    To the extent that we can discern Downs's arguments, we will address them. See Breeck v. City of Madison, 592 N.E.2d 700, 705 (Ind.Ct.App. 1992) ("given our preference to decide appeals on their merits, we address [the] arguments as best we can discern them."), trans. denied; see also Poynter v. Poynter, 590 N.E.2d 150, 152 (Ind.Ct.App. 1992) (noting that a party's contention barely approached the required cogent argument standard, yet addressing because "we are able to discern the crux of" it), trans. denied. Equally unusual is the caption on page one of Downs's brief, which is clearly from some unrelated appeal of a civil case between William R. Brown and Ricker Oil Company.

  6. Hibler v. Conseco Life Ins. Co.

    744 N.E.2d 1012 (Ind. Ct. App. 2001)   Cited 17 times

    We reject this argument, however, as our supreme court has expressly held that a court may grant summary judgment to resolve a punitive damages bad faith claim. USA Life, 682 N.E.2d at 541 (citing Breeck v. City of Madison, 592 N.E.2d 700, 703 (Ind.Ct.App. 1992), trans. denied).

  7. Wolfe v. Stork RMS-Protecon, Inc.

    683 N.E.2d 264 (Ind. Ct. App. 1997)   Cited 23 times
    Granting summary judgment for original manufacturer/defendant where injury was caused by a replacement part that original manufacturer/defendant did not know about or manufacture

    Under T.R. 56(C), the trial court must state the issues and claims upon which summary judgment is granted only where summary judgment is granted on less than all of the issues. Breeck v. City of Madison, 592 N.E.2d 700, 705 (Ind.Ct.App. 1992), trans. denied.

  8. Hart v. Steel Products, Inc.

    666 N.E.2d 1270 (Ind. Ct. App. 1996)   Cited 26 times
    Holding that evidence supported a finding that a corporation was significantly and continuously undercapitalized as a basis for piercing the corporate veil

    The public interest must be served by the imposition of punitive damages. Breeck v. City of Madison, 592 N.E.2d 700 (Ind.Ct.App. 1992), trans. denied.