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Case Clips

Published by the Indiana Office of Court Services

Civil

Garner v. Kempf, No. 82A01-1512-PL-2362, __ N.E.3d __ (Ind. Ct. App., Jan. 30, 2017).

January 31, 2017 Filed Under: Civil Tagged With: Appeals, R. Altice, R. Pyle

Clerk, a garnishee defendant, is liable when she received a motion for proceedings supplemental to garnish the bond in an unrelated criminal case, and the clerk did not provide notice of the lien in the criminal case.

In re Grandparent Visitation of G.S., No. 30A01-1608-DR-1801, __N.E.3d__ (Ind. Ct. App, Jan. 17, 2016).

January 23, 2017 Filed Under: Civil Tagged With: Appeals, J. Baker

There is no statutory authority for a trial court to order a child to have visitation with relatives other than a grandparent in the face of a parent’s objections

Estate of Pfafman v. Lancaster, No. 57A03-1603-CC-516, __N.E.3d__ (Ind. Ct. App, Jan. 18, 2016).

January 23, 2017 Filed Under: Civil Tagged With: Appeals, E. Najam, N. Vaidik

The Comparative Fault Act does not require that a jury allocate some fault to every actor who proximately caused the plaintiff’s injury, but permits the allocation of any percentage or no percentage of fault to a party or nonparty who caused or contributed to cause the injury.

Dermatology Assoc., P.C. v. White, No. 49A02-1512-PL-2189, __N.E.3d__ (Ind. Ct. App, Jan. 19, 2016).

January 23, 2017 Filed Under: Civil Tagged With: Appeals, M. Robb, P. Mathias

To trigger the 180-day statute of limitations extension for a medical malpractice action, the plaintiff must show that she has subsequently acquired knowledge of or received information about something she did not previously know with regard to her injury and $15,000 is insufficient to compensate her for that more serious injury.

Ind. Bureau of Motor Vehicles v. Watson, No. 45A03-1607-MI-1538, __N.E.3d__ (Ind. Ct. App, Jan. 23, 2016).

January 23, 2017 Filed Under: Civil Tagged With: Appeals, M. Robb

Although labeled otherwise, plaintiff’s Motion to Issue a Valid Driver’s License Credential effectively asked the trial court to engage in judicial review of an agency action and plaintiff was required to comply with the Indiana Administrative Orders and Procedures Act.

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Case Clips is a weekly publication of the Indiana Office of Court Services featuring appellate opinions curated by IOCS staff for Indiana judges.

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