A doctor must face a medical malpractice complaint after the Indiana Supreme Court overturned a summary judgment ruling. The court also clarified that a medical expert is not required to expressly state the applicable standard of care in an affidavit.
A defendant whose cell water was shut off for more than a week failed to prove that the two prison employees he sued knew that the water did not need to be shut off, a split Court of Appeals of Indiana has ruled.
An inmate who alleged prison officials were deliberately indifferent to his serious medical needs can proceed with his case against prison doctors after the Indiana Supreme Court reversed the grant of summary judgment to the defendants.
There were insufficient facts to determine whether personal jurisdiction existed over Samsung SDI in a product liability lawsuit where one of the company’s batteries allegedly exploded in a minor’s pocket, the 7th Circuit Court of Appeals ruled Wednesday.
The Court of Appeals of Indiana has reversed judgment for a real estate developer in a dispute with a Bloomington business, finding that the developer obstructed the business’s easement during a construction project.
Indiana Supreme Court
Edward Zaragoza v. Wexford of Indiana, LLC, et al.
23S-CT-99
Civil tort. Reverses the award of summary judgment to the defendants on Edward Zaragoza’s complaint alleging medical malpractice and deliberate indifference to serious medical needs. Finds genuine issues of material fact remain to be determined.
A man convicted of manslaughter after a brawl at a county fair will get a new trial, although one appellate judge would uphold his conviction and sentence.
Court of Appeals of Indiana
Imogene Perry v. Anne H. Poindexter, Personal Representative of the Supervised Estate of Richard Abbott, Janice Mandla Mattingly, Michael P. Brown and Phillip Brown
22A-EU-2774
Estate. Reverses the Hamilton Superior Court’s denial of Imogene Perry’s motion for relief from default judgment. Finds the trial court erred when it denied Perry’s motion for relief from judgment because she did not receive notice of the estate’s motion for return of funds and/or the related hearing in a way calculated to provide her a meaningful opportunity to appear and defend herself. Remands to the trial court to hold a hearing on all pending motions in the matter including but not limited to the motion for return of funds and any motions with respect to fees Perry and/or the estate paid to Janice Mandla Mattingly and/or Lauth Investigations International Inc.
Regardless of the intent behind a notice that was served four days before a hearing — and one day before Christmas — the notice was not sufficient for an elderly Georgia resident to hire an attorney and travel to Indiana for a hearing on a disputed estate.
An Allen County grandmother seeking visitation with her granddaughter had standing under the state’s Grandparent Visitation Act to submit a visitation petition, the Court of Appeals of Indiana ruled in a Wednesday reversal.
Court of Appeals of Indiana
State of Indiana v. Trisha M. Woodworth
22A-CR-2557
Criminal. Reverses the grant of the Lake Superior Court’s own motion to correct error, vacating Trisha Woodworth’s conviction of Level 1 felony neglect of a dependent resulting in death and granting Woodworth a new trial, but also reverses Woodworth’s conviction. Finds the trial court abused its discretion when it granted its own motion to correct error. Also finds there is insufficient evidence to support the conviction.
After reinstating a woman’s neglect conviction based on trial court error, the Court of Appeals of Indiana then reversed that conviction based on insufficient evidence.
A man whose rape trial included “surprise” evidence and an amendment to the charging information after deliberations had begun failed to convince the Court of Appeals of Indiana that his three felony convictions should be overturned.
Court of Appeals of Indiana
Jose Luis Lopez Interiano v. State of Indiana (mem. dec.)
23A-CR-1557
Criminal. Affirms Jose Luis Lopez Interiano’s conviction of Class C misdemeanor operating a vehicle while intoxicated. Finds the state presented sufficient evidence of Interiano’s impairment at the time he was operating the vehicle.
A Richmond bank’s mortgage interest, in its entirety, takes priority in a complex land project case involving multiple developers, contractors and the city of Westfield, the Court of Appeals of Indiana ruled Friday.
A trial court must consider the discovery objections lodged by a company that leases space to an adult theater in Clarksville after the Court of Appeals of Indiana overturned a contempt ruling against the company.
Court of Appeals of Indiana
AMW Investments, Inc. et al. v. The Town of Clarksville, et al.
23A-PL-508
Civil plenary. Reverses the order finding AMW Investments Inc. in contempt of an order compelling discovery responses. Finds AMW’s supplemental discovery responses, including objections, were timely submitted. Also finds the Clark Circuit Court erred when it refused to consider the objections contained in AMW’s first supplemental discovery responses. Remands with instructions to consider those objections. Judge Paul Felix concurs in result with separate opinion.
The Indiana Supreme Court has agreed to hear a case in which a defendant is challenging the admission of drug-related evidence that he says was illegally obtained.
Court of Appeals of Indiana
Michael Puchowski v. Tamara Wade (mem. dec.)
23A-EV-321
Evictions. Affirms the denial of recovery for Michael Puchowski for claimed property damages after he was awarded a $1,505 judgment against his former tenant. Finds Puchowski waived his arguments by failing to comply with appellate rules, so he has not shown prima facie error.
Court of Appeals of Indiana
In re the Adoption of A.J.T.: F.G. v. D.K. and W.K. (mem. dec.)
23A-AD-1902
Adoption. Affirms the St. Joseph Probate Court’s grant of D.K. and W.K.’s petition to adopt A.J.T. Finds the probate court did not abuse its discretion in dispensing with father F.G.’s consent requirement.