Testimony obtained by facilitated communication is admissible in evidence. The trial court has discretion to determine whether a child is competent to testify based upon the court’s observation of the child’s demeanor and responses to questions posed to him by counsel and the court.
Civil
Ind. Ins. Guaranty Assoc. v. Smith, No. 71A03-1703-CT-610, __ N.E.3d __ (Ind. Ct. App., Sept. 25, 2017).
A vehicle that has liability insurance, but was denied coverage, meets the statutory definition of uninsured motor vehicle.
Messmer v. KDK Financial Svcs., Inc., No. 53A01-1701-PL-139, __ N.E.3d __ (Ind. Ct. App., Sept. 14, 2017).
The continuing representation doctrine for statute of limitations is not applicable to financial advisers or fraud allegations.
Ellis v. Keystone Construction Corp., No. 32A01-1607-PL-1477, __ N.E.3d __ (Ind. Ct. App., Sept. 5, 2017).
By intentionally omitting his claimed ownership interest in a company from his dissolution Settlement Agreement, plaintiff is now judicially estopped from asserting a claim of an ownership interest in the company.
Muldowney v. Lincoln Park, LLC, No. 29A02-1610-SC-2439, , __ N.E.3d __ (Ind. Ct. App., Sept. 8, 2017).
Although small claims trials should be informal, the parties must still have the opportunity to present evidence or sworn testimony in support of their positions.