In a legal malpractice case, defendants failed to establish, as a matter of law, that plaintiff would not have succeeded in her underlying premises-liability claim; it is a material-factual dispute that the designated evidence establishes that various wires on a hospital-room floor and the risks they pose would be apparent to a reasonable person.
Civil
Robinson v. Ind. Dept. of Local Govt. Finance, No. 45A03-1707-PL-1643,__ N.E.3d __ (Ind. Ct. App., April 9, 2018).
Trial court does not have authority to transfer a case to the Tax Court; the case must be dismissed and refiled.
Brewer v. PACCAR, Inc., No. 55A05-1709-CT-2168, __ N.E.3d __ (Ind. Ct. App., March 27, 2018).
A component manufacturer is not immune from liability under the Indiana Product Liability Act; component manufacturer cannot automatically transfer all responsibility to the final manufacturer.
Care Group Heart Hospital, LLC v. Sawyer, No. 49S05-1710-PL-671,__ N.E.3d __ (Ind., March 23, 2018).
The Court enforced the plain meaning of the contract; “terminated for any reason” means any termination, for any reason.
In re the Adoption of E.B.F., No. 18S-AD-167, __ N.E.3d __ (Ind., March 23, 2018
Mother’s consent was necessary to grant the adoption because (1) although Mother failed to have significant communication with Child for a period of more than one year, her willingness to shield her son from the adverse effects of her addiction, coupled with her good-faith attempt at recovery and noticeable progress, constitute justifiable cause for her failure to communicate. (2) Father and Stepmother thwarted whatever occasional attempts Mother made to communicate with Child, in violation of the agreed-upon custody modification order.