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.
Civil
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.
Daviess-Martin County Join Parks and Recreation Dept. v. Estate of Abel, No. 19A04-1607-CT-1563, __ N.E.3d __ (Ind. Ct. App., June 19, 2017).
Using the Rogers/Goodwin analysis, looking at the “broad type of plaintiff” and “broad type of harm” the lake owner/operator had no duty to a swimmer who contracted a rare infection from the lake because a reasonable person would not recognize the duty and agree that one exists.
Jenner v. Bloomington Cellular Services, Inc., No. 53A05-1606-MI-1415, __ N.E.3d __ (Ind. Ct. App., June 12, 2017).
Tax sale purchasers must provide notice to any person with a substantial, publicly recorded interest even if their interest lies outside the chain of title. “Requiring a tax-sale purchaser to search outside the chain of title—even if it means searching thousands of records in the county recorder’s office—is one of the safeguards created by the statute.”