Blog

Johnson v. Dr. A (Ind. Ct. App. Aug. 28, 2012) In this medical malpractice case, the Court of Appeals dismissed an appeal on procedural grounds but issued an advisory opinion regarding the discovery of out-of-state non-parties.

Curtis v. Miller’s Health Systems (Ind. Ct. App. Aug. 15, 2012) In this medical malpractice case, the Court of Appeals affirmed summary judgment for the defendant healthcare provider and reached an important conclusion regarding a nurse’s ability to offer expert opinion on the standard of care in malpractice suits.

Thalheimer v. Halum (Ind. Ct. App. Aug. 13, 2012) This case involved a dispute between homeowners and a contractor, whom the homeowners hired to remove carpet and tiles and to install new tiles.

​E.J. v. Okolocha (Ind. Ct. App. Aug. 13, 2012) Parents interested in adopting a child submitted an authorization to a doctor for the child’s mother’s prenatal records.

In this case, the Court of Appeals affirmed the conviction of Class A child molesting, rejecting the defendant’s argument that the prosecutor’s closing argument constituted fundamental error and that the victim’s testimony was incredibly dubious and therefore insufficient to sustain his conviction.

In this case, the Court of Appeals interpreted an Underinsured Motorist (UIM) coverage provision stating that the policy limits of liability are reduced by “a payment made or amount payable because of bodily injury under any workers’ compensation or disability benefits law or any similar law.”

In this case, the Court of Appeals held that although a statute prohibiting sex offenders from living within 1,000 feet of a school could not apply to sex offenders convicted before the statute was enacted, a trial court’s condition of probation prohibiting a sex offender from living within 1,000 feet of a school was valid.

​Swammi, Inc. v. Shambaugh, Beck, Kast, Williams, LLP (Ind. Ct. App. July 13, 2012) In this case, the Court of Appeals affirmed a defense verdict in a legal malpractice action.

​Shoettmer v. Wright (Ind. Ct. App. July 13, 2012) This case addressed the question of whether communicating notice of a claim against a governmental agency to that entity’s insurance company constitutes sufficient notice under Indiana’s tort claims statute.

​McWhorter v. State (Ind. Ct. App. July 9, 2012) In this case, the defendant was convicted of voluntary manslaughter after being charged with murder.

Hirsch v. Oliver (Ind. June 29, 2012) In this case, the Supreme Court clarified some important issues regarding emancipation and a parent’s obligation to pay child support for post-secondary education expenses.

This case involves the often-litigated issue of whether one has a constitutionally protected interest in one’s employment.

​City of Indianapolis v. Buschman (Ind. Ct. App. June 26, 2012) Plaintiffs who are injured by governmental entities must provide notice to those entities within 180 days of the injury or forfeit the claim.

​Ashabranner v. Wilkins (Ind. Ct. App. June 15, 2012) In this case, the Court of Appeals addressed a situation in which a nineteen-year-old child lived with neither parent, received Section 8 housing assistance, worked, and was in the process of beginning college.

​A.R.M. v. State (Ind. Ct. App. June 7, 2012) In this case, the Court of Appeals addressed the Protected Person Statute, Indiana Code section 35-37-6-6, which governs, among other things, the admission of child testimony by videotape in sex crime cases.

​Sexton v. Sexton (Ind. Ct. App. June 8, 2012) This case is the Court of Appeals’ first opportunity to discuss Public Law 111-2012, which will change the presumptive age for termination of child support from twenty-one to nineteen, effective July 1, 2012.

​W.D. v. City of Nappanee (Ind. Ct. App. June 6, 2012) This case involves a suit brought by a child and his parents against the City of Nappanee following injuries sustained by the child in a near-drowning in the City pool.

​Perkins v. Stesiak (Ind. Ct. App. May 30, 2012) In this case, the Court of Appeals affirmed a trial court’s grant of summary judgment on the grounds that the plaintiff had no cognizable claim for emotional distress.

Adnrousky v. Walter (Ind. Ct. App. May 30, 2012) The Plaintiff in this case filed suit against a landowner after the Plaintiff’s son drowned in the landowner’s pool.

​Myers v. Deets (Ind. Ct. App. May 29, 2012) This case involves a suit by a client against an attorney and the attorney’s partner (“Edward”), firm, and insurance company after the attorney allegedly and improperly failed to refund part of a retainer.