The trial court should consider the effect of a power of attorney when determining if the appointment of a guardian is necessary.
Civil
Escamilla v. Shiel Sexton Co., No. 54A01-1506-CT-602, __ N.E.3d __ (Ind. Ct. App, July 13, 2016). (dissent on rehearing)
Judge Baker dissents the denial of petition for rehearing; knowledge of a party’s immigration status alone sheds no meaningful light on the question of whether that party will one day face deportation.
State v. Marion Superior Court, No. No. 49S00-1605-OR-294, __ N.E.3d __ (Ind., July 5, 2016).
Supreme Court granted the original action seeking to compel change of judge on remand.
Green v. Robertson, No. 49A02-1509-MI-1487__ N.E.3d __ (Ind. Ct. App., July 5, 2016).
“Where recovery is limited to damages for increased risk of harm because the patient stood less than a 50% chance of recovery prior to encountering the physician’s negligence, the trial court may consider evidence of the patient’s underlying risk in order to determine the appropriate amount of damages.”
Staggs v. Buxbaum, No. 47A04-1510-PL-1758, __ N.E.3d __ (Ind. Ct. App., June 28, 2016).
Crime Victim Relief Act (CVRA) damages are distinct from common law punitive damages; court properly awarded CVRA damages after making an “assessment of criminality.”