In an inverse condemnation case, landowner does not have a property interest in the free flow of traffic from a particular road or in continuing to abut a particular type of road.
Civil
In re Civil Commitment of M.L., No. 49A02-1612-MH-2823, __ N.E.3d __ (Ind. Ct. App., June 27, 2017).
A special condition of a mental health commitment must bear a relationship to treatment or protection of the public; special condition of no alcohol or drug use was struck because there was no record of this relationship.
In re K.S., No. 49A02-1701-JC-38, __ N.E.3d __ (Ind. Ct. App., June 29, 2017).
Department of Child Services failed to present evidence that child’s physical or mental condition was seriously impaired or seriously endangered when it only presented that Mother used marijuana two months prior to giving birth.
Angel Shores Mobile Home Park, Inc. v. Crays, No. 79A02-1605-CT-1106, __ N.E.3d __ (Ind. Ct. App., June 20, 2017).
Child Wrongful Death Statute allows the recovery of attorney’s fees and expenses.
Totton v. Bukofchan No. 24A01-1612-CT-2849, __ N.E.3d __ (Ind. Ct. App., June 14, 2017).
If a non-physician healthcare provider, such as a chiropractor, is not qualified under Evidence Rule 702 to render an opinion as to medical causation because the causation issue is complex, then chiropractors sitting on medical review panels are likewise not qualified to render opinions as to medical causation when the causation issue is complex.