Evidence of post-accident investigations is not automatically excluded as a subsequent remedial measure.
Civil
Gardenour v. Bondelie, No. 32A01-1601-DR-82, __ N.E.3d __ (Ind. Ct. App., Aug. 15, 2016).
Same-sex couple’s California registered domestic partnership established a relationship virtually identical to marriage, and under the principle of comity, their relationship is a spousal relationship. Child born by artificial insemination was a child of the spousal relationship; trial court did not err in awarding joint legal custody and parenting time and ordering partner to pay child support.
Shelton v. Kroger LP I, No. 49A02-1601-CT-75, __ N.E.3d __ (Ind. Ct. App., Aug. 4, 2016).
Pharmacy that filled a prescription for a drug that caused a fatal interaction was not a qualified health care provider under the Medical Malpractice Act and so it was not exempted from the Comparative Fault Act.
State Farm Mut. Automobile Ins. v. Jakubowicz, N0. 45$05-1605-CT-00253, __ N.E.3d __ (Ind., July 26, 2016).
The insurance policy is ambiguous and must be construed in favor of the injured when the insurance policy provision requiring an insured to bring suit within three years is in direct conflict with the policy’s requirement that it will pay only if the underinsured motorist’s insurance has been exhausted.
Jay Classroom Teachers Ass’n. v. Jay School Corp., No. 49S05-1603-PL-113, __ N.E.3d __ (Ind., July 21, 2016).
Given the deferential standard of review for agency action, the court upheld the Indiana Education Employment Relations Board factfinder’s decision.